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The E-2 visa lets citizens of treaty countries live in the United States to run a business they have invested in. There is no fixed minimum investment, no annual cap and no lottery, and the visa can be renewed for as long as the business keeps operating. This guide explains who qualifies, how much to invest, what it costs, and how BauHaus Legal handles the process.
Who qualifies
- Treaty nationality: you must be a citizen of a country that has an E-2 treaty with the United States, such as the United Kingdom, France, Germany, Italy, Spain, Japan, Canada, Mexico or Israel. At least 50% of the business must be owned by citizens of that same country.
- A real investment: you must have invested, or be actively investing, your own funds in a US business. The money must be at risk: spent or irrevocably committed, not sitting in a personal account.
- A substantial amount: there is no legal minimum. The investment must be substantial relative to the cost of the business. Lower-cost businesses need a higher share of their cost invested.
- A real, operating business: the business must actively produce goods or services. Passive investments, such as holding undeveloped land, do not qualify.
- Not marginal: the business must have the capacity to do more than support you and your family, usually by creating jobs or showing a clear path to doing so.
- Control: you must develop and direct the business, usually by owning at least 50% or holding operational control.
- Lawful source of funds: you must document where the money came from.
- Intent to leave: you must intend to depart the US when your E-2 status ends.
How much should I invest?
There is no official number. In practice, most successful applications for new businesses involve at least $100,000 to $150,000, but smaller investments can work for businesses that cost less to start, as long as you have invested most of what the business needs. What matters is the proportion invested and a credible business plan.
What it costs
- Government fees if you apply abroad: most applicants apply at a US consulate and pay the State Department visa fee, currently $315, plus any reciprocity fee charged to citizens of their country, and possibly the new $250 visa integrity fee, which consulates are phasing in.
- Government fees if you are already in the US: you can sometimes change status by filing Form I-129 with USCIS instead. The fee is $1,015 ($510 for small employers), plus the Asylum Program Fee of $600 ($300 for small employers). Premium processing is available for $2,965.
- BauHaus Legal fees, both fixed:
- Investment and source-of-funds review: $950. We check your nationality, investment amount, business structure and the paper trail for your funds, and tell you in writing what to fix before you apply. Credited in full toward your application if you proceed.
- Full E-2 application: $6,500. Strategy, business plan review, source-of-funds documentation, the full application package and interview preparation.
Government fees change periodically. Always confirm current amounts at travel.state.gov and uscis.gov/fees.
How long it takes
Preparing a strong application usually takes four to eight weeks, mostly setting up the business and documenting the investment. Consulate interview wait times vary widely by country, from a few weeks to several months.
The process, step by step
- Review. We confirm your eligibility and check your investment plan and source of funds.
- Business setup. You form the US company, open a business bank account and commit the funds, usually through a lease, purchases or an escrow arrangement.
- Business plan. A five-year plan showing the business is real and not marginal.
- Application. We prepare the forms and the evidence package for the consulate, or a change-of-status petition if you are already in the US.
- Interview. We prepare you for the consular interview.
- Arrival and renewals. You are usually admitted for two years at a time, and the visa can be renewed as long as the business continues to qualify.
Common reasons E-2 applications are refused
- Money not yet at risk, for example still sitting in a personal bank account
- Gaps in the source-of-funds paper trail
- A business plan that does not show the business can grow beyond supporting the investor
- Ownership structures that leave treaty nationals with less than 50%
Frequently asked questions
Can my spouse work? Yes. Spouses of E-2 investors are authorized to work in the US.
Can my children study? Yes. Unmarried children under 21 can live and study in the US. They cannot work on E-2 dependent status.
Can I buy an existing business? Yes. Buying a franchise or an existing business is a common route, and it can make it easier to show the business is real and operating.
Does the E-2 lead to a green card? Not directly. It is a temporary visa that can be renewed indefinitely. Some investors later qualify for a green card through other routes, such as EB-5 or EB-1.
My country is not on the treaty list. What can I do? Some investors obtain citizenship of a treaty country first. Others look at alternatives such as the O-1 or L-1.
Why BauHaus Legal
- Fixed fees, with the $950 review credited toward your application.
- AI-assisted document review to catch source-of-funds gaps before the consulate does, checked by a licensed attorney.
- Direct access to the attorney on your case.
- Nationwide service from our New York office.
Book a free 30-minute call to check your eligibility.
BauHaus Legal PLLC, 447 Broadway, 2nd Floor #1675, New York, NY 10013. Attorney responsible: Kevin Touati. This guide is general information, not legal advice, and does not create an attorney-client relationship.
