The current treaty country list is maintained by the State Department at travel.state.gov. The list includes most of Western Europe, Japan, South Korea, Australia, Canada, and Mexico, among approximately 80 countries total as of June 2026. India, China, Brazil, and Russia are not on the list.
There is no minimum dollar amount set in the E-2 regulations. The standard, as stated, under 8 CFR 214.2(e)(14) is that the investment must be substantial relative to the total cost of the enterprise. An investment that is proportionately high relative to a low-cost enterprise may qualify; the same dollar amount in a high-cost enterprise may not.
You can, if the investment meets the proportionality and at-risk standards, the business is a bona fide enterprise, the investor will develop and direct it, and the enterprise is not marginal. The purchase price serves as the "total cost" reference point for the proportionality test. Document the full acquisition cost, source of funds, and planned management structure as part of the petition.
Yes, a spouse of an E-2 holder is admitted on E-2S status and is authorized to live and work for any employer in the United States. USCIS has issued E-2S admission codes on Form I-94. An unexpired Form I-94 with E-2S notation is sufficient and does not require a separate work permit.
No, the E-2 has no direct path to permanent residency. Investors in E-2 status may pursue immigrant petitions, including EB-2 NIW, EB-1A, EB-1C, or family-based paths, in parallel with their E-2 status.
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