Entrepreneur — North America

🇺🇸United States

E-2 Treaty Investor Visa

Last verified · 19 July 2026

Renewable US work visa for citizens of ~80 treaty countries who develop and direct a real operating enterprise.

Duration

Up to 5 years per issuance (varies by treaty reciprocity); indefinitely renewable while the business operates

Threshold

No statutory minimum; 'substantial' investment under a proportionality test — in practice commonly $80,000–$300,000 (small businesses sometimes $50k+)

Application fee

$315 DS-160 + $2,965 optional Premium Processing (I-129)

Path to PR

Nonimmigrant status — no direct green card path; often combined with EB-5 or employer-sponsored routes.

Tax treatment

US tax residency if substantially present.

Family

Spouse (work-authorised) and unmarried children under 21.

Required documents

·Proof of treaty-country nationality (passport)
·Source-of-funds and at-risk investment evidence
·Business plan, lease, licences and hiring proof
·Ownership documents showing 50%+ treaty-national control

Things to know

·Eligibility is by PASSPORT: ~80 treaty countries as of Jun 2026 (official list at travel.state.gov). India, China, Brazil and Russia are NOT treaty countries; Grenada and Turkey ARE — enabling CBI-then-E-2 strategies.
·Five-part test: treaty nationality; substantial at-risk investment; real operating enterprise; develop-and-direct control; non-marginality.
·Consular processing 2–4 months; USCIS change-of-status expeditable to 15 days via Premium Processing.

Apostille & legalization

Apostille route

Apostille only — both United States and United States are parties to the 1961 Hague Apostille Convention.

Apostille / legalisation

None of the listed documents are civil-status, criminal-record, medical or academic records, so an apostille is generally not required for this visa. Bank statements, employment contracts and application forms are accepted as-is (translated when needed).

Bank statements, employment contracts, photos, passport copies and the application form itself do not need an apostille.

Obtain originals or certified copies of each civil/criminal record (birth certificate, marriage certificate, police clearance, diploma, etc.).
Have each document apostilled by the competent authority in United States (U.S. Department of State — Office of Authentications).
Translate the apostilled document into the official language of United States — the apostille itself is also translated.
Submit the apostilled + translated bundle directly to the United States immigration authority or consulate; no further consular stamp is required.

Translation: Most documents must be translated into the local language by a certified translator. Agency translations are usually accepted.

Issuing authority in United States: U.S. Department of State — Office of Authentications

Documents older than 3–6 months are often rejected. Plan to obtain fresh originals shortly before your visa application.

Official immigration portal

Last verified 19 July 2026 — reconfirm on the official portal before applying.