Treaty Investor
Spouse Can Work
Live and work in the U.S. by investing in a business you will develop and direct.
We help you confirm treaty eligibility, document your investment and prepare your application, with review by a vetted E-2 network attorney.*
Bring employees of your nationality to the U.S. to help run your business.**
* Not legal advice. Beyond Border is not a law firm. Legal services are provided by independent attorneys in its network. ** Requires a U.S. entity. We can help you set it up.
WHY E-2
A nonimmigrant visa for nationals of treaty countries who invest in and run a U.S. business, with work authorization for a spouse.
There's no legal minimum — but committing at least US$100k is a common benchmark.
Covers countries including but not limited to United Kingdom, Japan, Canada, South Korea, Germany, and France
Start a new business or buy an existing one that you develop and direct.
Funds must be committed and at risk, in a business that is more than marginal.
The E-2 has no lottery. Eligibility depends on your nationality and your investment.
A spouse is admitted in E-2S status and can work for any U.S. employer.
Treaty Country
You are a treaty country national and the business is owned accordingly.
Capital At-Risk
Funds committed and at risk, in proportion to the cost of the business.
Active Operation
A bona fide enterprise, not marginal, that you will develop and direct.
OUR NETWORK Attorneys
Every E-2 petition is reviewed by a handpicked U.S. immigration attorney who is an immigrant.
Fadi Minawi
Managing attorney · 19+ yrs
Lena Nevsky
Extraordinary-talent attorney · 25+ yrs
Samie Othmane
Managing attorney · Barred in California
Junoetia Salonga
Extraordinary-talent attorney · 15+ yrs
WHO WE HELP
Treaty country nationals with funds to invest and a credible plan to run a U.S. business.
Business plan and investment evidence that show a substantial, at risk investment.
Purchase price and proportionality analysis, with evidence the business is bona fide and not marginal.
Entity structure and ownership evidence for treaty country companies opening a U.S. operation.
Documentation of funding, agreements and the role you will direct day to day.
A spouse is admitted in E-2S status and can work. Dependent children may accompany you.
Managers or specialists of your same nationality may also move stateside via the E-2 visa
IN THEIR WORDS
Short video testimonials from professionals who secured their U.S. visas and green cards with our help.
Founder
Founding Team Member
Founding Engineer
Senior Backend Engineer
E-2 GUIDE
Pick a topic to jump straight to the answer.
KEY TAKEAWAYS
E-2 is for nationals of treaty countries who invest in and run a U.S. business. The regulations set no minimum amount, but the investment must be substantial relative to the cost of the business. A spouse is admitted in E-2S status and can work for any U.S. employer.
E-2 is the Treaty Investor nonimmigrant classification. It is for nationals of countries that have an investment treaty with the U.S. and who invest in and direct a U.S. business. You can start a new business or buy an existing one if the investment meets the proportionality and at risk standards and the business is bona fide and not marginal.
You must be a national of a treaty country. The State Department list covers about 80 countries as of June 2026, including most of Western Europe, Japan, South Korea, Australia, Canada and Mexico.
The U.S. business must be at least 50% owned by nationals of a treaty country. Your attorney confirms the structure.
The investment must be substantial relative to the total cost of the enterprise under 8 CFR 214.2(e)(14). The funds must be committed and at risk, the business must be bona fide and not marginal, and you must develop and direct it.
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The E-2 is a nonimmigrant visa, so there is no Visa Bulletin wait and no annual lottery. Eligibility depends on your nationality. The State Department treaty list covers about 80 countries as of June 2026 and can change, so check it for your country.
About 80
India, China, Brazil and Russia are not on the list. Check the State Department list for your country.
A spouse admitted in E-2S status can work for any U.S. employer. An unexpired I-94 showing E-2S is sufficient, with no separate work permit needed.
01
Check that your nationality is on the State Department list and that the ownership rules are met.
02
Start a new business or buy an existing one, and set up the entity and ownership.
03
Show funds committed and at risk, the source of funds, a business plan and proportionality to the total cost.
04
Apply through USCIS or a U.S. consulate, depending on where you are. Processing times vary. Check the USCIS processing times page and consulate wait times for the current range.
05
You enter in E-2 status, and a spouse enters in E-2S status. Check current validity and renewal rules for your nationality.
A spouse is admitted in E-2S status and can work for any U.S. employer. Children under 21 may accompany you but do not receive work authorization through E-2 status. The E-2 has no direct route to permanent residency. Investors may file immigrant petitions in parallel, such as E-2, EB-1A, EB-1C or family based.
Naming an amount alone is weak. Strong evidence shows the amount committed, that it is at risk, how it compares to the total cost of the business and where the funds came from. A large investment in a low cost business may qualify, while the same amount in a high cost business may not. The adjudicator weighs all of the evidence.
The same amount can pass for a low cost business and fail for a high cost one.
The business must be bona fide and more than marginal, with real activity.
The E-2 has no direct route. Plan a parallel immigrant petition if you want permanent residency.
Not legal advice. Beyond Border is not a law firm. Legal services are provided by vetted attorneys in its network.
PRICING
There are two kinds of cost: professional service fees and government fees.
US$8,000 To 10,000
Varies by business complexity, investment structure, and whether this is a new or existing enterprise. Attorney arrangements are set out in your engagement agreement.
Varies
Form I-129 filing fee for E-2 petitions filed in the U.S., or DS-160 and consular fees for applicants applying abroad. Exact fees depend on filing method and nationality.
US$250
A Visa Integrity Fee enacted under H.R. 1 applies to E-2 visa applicants once implemented, in addition to standard visa and filing fees.
Business plan review, investment documentation, source of funds analysis, petition or application preparation, attorney review, filing and RFE support.
Varies
Business valuation, source of funds documentation, translation services, and travel for consular interviews are billed separately based on your specific case.
Standard 50% money back guarantee. Terms are set out in your engagement agreement. Beyond Border cannot guarantee a USCIS decision.
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FAQ
What is an E-2 visa?
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The E-2 is a nonimmigrant visa for nationals of treaty countries who are making a substantial investment in a U.S. business they will direct and develop.
Is there a minimum investment for the E-2?
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There is no fixed minimum. The investment must be substantial relative to the total cost of the business and sufficient to ensure its successful operation, typically in the range of US$100,000 and above.
Can I buy an existing business?
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Yes. You can acquire an existing business or start a new one, as long as the investment is substantial, the funds are at risk, and the business is more than a marginal means of earning a living.
Which countries qualify for the E-2?
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Only nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States are eligible. Treaty country status is determined by nationality, not residence.
Can my spouse work on an E-2?
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Yes. The spouse of an E-2 investor can obtain E-2S status and is generally authorized to work incident to status, with no separate work permit application.
Can the E-2 lead to a green card?
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Not directly. The E-2 does not itself lead to a green card and generally requires nonimmigrant intent, though investors may later qualify for permanent residence through another category such as EB-5.
Tell us about your nationality, the business you plan to run and your investment. We will review your options and next steps.
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Email: info@beyondborderglobal.com