Learn what is an E2 visa in America, requirements, processing times, and how treaty country investors can start a US business. Includes India eligibility info.
Starting a business in the United States sounds exciting. But foreign entrepreneurs need proper legal authorization to make it happen. What is an E2 visa in America? It's a nonimmigrant visa that allows nationals from treaty countries to enter and work in the United States based on an investment they will be making in a US business. Think of it as your golden ticket to becoming an American business owner.
The america e2 visa isn't like typical work visas. You're not working for someone else. You're building your own company. You're creating jobs. You're contributing to the US economy in a direct way. You must be a national of a country with which the United States maintains a treaty of commerce and navigation, have invested or be actively investing a substantial amount of capital in a bona fide enterprise, and be seeking to enter the United States solely to develop and direct the investment enterprise.
More than 80 countries have treaties with the United States. The UK qualifies. So does Japan, Germany, Canada, and many others. But some major nations don't make the list.
Want to know if you qualify for an E2 visa? Book a free consultation with Beyond Border and our immigration specialists will evaluate your eligibility based on your nationality and business plans.
The E2 visa USA means centers on three pillars. Nationality. Investment. Intent. First comes nationality. You must be a national of a country designated by US Congress as eligible for participation in the relevant nonimmigrant visa program. Your passport determines everything here.
Second is your investment. There's no exact dollar amount that defines substantial investment for an E2 visa, but generally the lower the cost of the business, the higher the percentage of investment needed. Immigration experts typically recommend at least $100,000 to $300,000. The money must be real. The investment enterprise may not be marginal - it must have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and their family. You can't just invest pocket change and expect approval.
Third is your intent to develop and direct. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position. You need to be hands on. The business must be real too. No shell companies allowed. It needs to produce services or goods for profit and meet all legal requirements for doing business.
Here's where things get tricky for some nationalities. India does not have a signed treaty with the United States, so Indian passport holders are ineligible to apply for the E2 visa directly. This eliminates what would otherwise be a perfect pathway for Indian entrepreneurs.
But an E2 visa for Indian citizens isn't a dead end. Two of the fastest paths are Grenada and Turkey, both of which offer Citizenship by Investment programs, with Grenada requiring a minimum investment starting at approximately $150,000. Alternatives exist though. The L1 visa works for expanding existing foreign companies. The EB5 offers a direct green card path. The O1 suits exceptional founders.
Confused about visa options for Indian entrepreneurs? Beyond Border can map out the best pathway for your specific situation, whether that's pursuing alternative citizenship or choosing a different visa category.
How to get an E2 visa in the USA starts with preparation.
If you're already in the US on another visa, you can file Form I-129 with USCIS to change your status. For an additional $2,805, premium processing guarantees a decision within 15 business days. The usa e2 visa process requires patience. Documentation errors cause delays. Incomplete applications get rejected. Missing one document can set you back weeks.
Qualified treaty investors will be allowed a maximum initial stay of two years, and typically the E2 visa duration is in 2-year increments. But here's the good news. There are no limits on the number of times an E2 can be renewed, and the total time spent on the E2 visa isn't capped as long as you consistently meet the E2 visa qualifications by successfully managing your business.
The e2 visa time limit for the actual visa stamp in your passport depends on reciprocity agreements. For most treaty countries, the reciprocity schedule is 5 years, but for some it is 4 years.
Planning for long term US residency? Beyond Border can help you strategize a pathway from E2 status to permanent residency through employment or investment based green card options.
Spouses and unmarried children under 21 may receive derivative E2 visas in order to accompany the principal immigrant, and dependents may seek employment in the US without the need to file for an EAD from November 2021. What is E2 EAD? E2 spouses can apply for work authorization and work in any field, with their work authorization not tied to the E2 enterprise. This is huge for dual income families.
For E2 spouses who have previously obtained an EAD and have filed for renewal, DHS has permanently increased the automatic extension period of expiring EADs from up to 180 days to up to 540 days. This prevents gaps in employment. Children can't work but they can attend school. Public or private. Elementary through high school. Once they turn 21, they need their own visa status. The principal E2 investor doesn't need an EAD. The principal investor and key employees do not need an Employment Authorization Document to work for the E2 business, as their work authorization is directly linked to their E2 visa status.
Everyone asks this question.
Is it easy to get an E2 visa? The answer depends on your preparation and circumstances. The E2 Visa approval rate for 2021 is recorded at 92.51%, and statistics reveal favorable approval rates in recent years. The E2 visa approval rate soared to 54,364 in 2024, showing strong continued interest and success rates.
Several factors affect approval. Investment size, business plan quality, country of origin, immigration history, and consular discretion all play significant roles. Larger investments tend to get approved more easily. Common rejection reasons include insufficient investment amounts. Marginal businesses that won't generate adequate income. Poor business plans. Questionable funding sources. Immigration violations. Processing times vary depending on the consulate, ranging from 2 weeks to 4 months. Some consulates move faster than others.
Need help maximizing your E2 visa approval chances? Beyond Border's expert team has helped hundreds of investors secure E2 approvals with comprehensive application preparation and strategic guidance.
What is an EB2 visa in the USA? You may be eligible for an employment based second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. The EB2 and E2 are completely different visas. The EB2 is an immigrant visa leading to a green card. The E2 is a nonimmigrant visa for temporary stays.
Second preference petitions are usually accompanied by a signed US Department of Labor approved Form ETA-9089, Application for Permanent Employment Certification. The EB2 requires employer sponsorship in most cases. The E2 doesn't need labor certification. You're your own employer. You're creating jobs rather than taking one.
Processing times differ dramatically too. EB2 can take years depending on your country. The E2 moves much faster. Choose based on your goals. Need permanent residency immediately? Consider EB2 or EB5. Want flexibility to build a business without green card pressure? The E2 might fit better.
What is an E2 visa in America? An E2 visa is a nonimmigrant visa that allows nationals from treaty countries to invest in and operate a US business, with initial stays of up to two years that can be renewed indefinitely as long as the business remains operational.
Can Indian citizens get an E2 visa? No, India does not have a treaty with the United States, so Indian nationals cannot directly apply for an E2 visa, but they can obtain citizenship in treaty countries like Grenada or Turkey through citizenship by investment programs.
How long does the E2 visa process take? E2 visa processing typically takes 2 weeks to 4 months depending on the consulate and application completeness, with premium processing available for applications filed within the US offering decisions within 15 calendar days for an additional $2,805.
What is E2 EAD and who can get it? E2 EAD (Employment Authorization Document) allows spouses of E2 visa holders to work for any US employer in any field, providing complete work flexibility independent of the E2 business.
What is the minimum investment for an E2 visa? While there's no legal minimum investment amount, the US State Department advises consulates to look for investments around $100,000, though most successful applications involve $100,000 to $300,000 depending on the business type.
