Who qualifies for an E-2 visa?

You must be a national of a treaty country. You must invest, or be actively in the process of investing, a substantial amount of capital in a real U.S. business. You come to the United States only to develop and direct that business.

To show control, you must own at least 50% or hold operational control through a managerial position or other corporate device. A title alone is not enough without control.

If you hold two nationalities, a company can in most cases use only one for E-2 purposes. If you acquired your nationality through a financial investment, the law adds a condition. You need at least 3 continuous years of domicile there at some point before you apply, unless you held E status before.

Which countries are on the E-2 treaty list?

The State Department keeps the official treaty table. We checked it on October 28, 2026.

  • On the list for E-2: Colombia, Mexico, Spain, Argentina, Chile, Costa Rica, Honduras, Panama, Paraguay, and Italy.
  • Portugal: E visas available since March 15, 2024.
  • Ecuador: only investors with a qualifying investment in place by May 18, 2018, and only until May 18, 2028.
  • Not on the list: Venezuela, Peru, Brazil, and the Dominican Republic.

How much do you need to invest?

There is no fixed dollar minimum. The investment must be substantial in relation to the total cost of the business you buy or create. The lower that cost, the higher the share you must invest.

The capital must be at risk, so you can lose part or all of it. Uncommitted funds in a bank account do not count. You can hold the funds in escrow until the government approves your E-2 case.

Loans secured by business assets do not count, but loans secured by your personal assets can. The funds must come from a lawful source, and you must control them.

The business must be real and operating, and it cannot be marginal. A marginal business can produce only a minimal living for you and your family. A new business needs the capacity to exceed that level, generally within 5 years, or to make a significant economic contribution.

What evidence do you need?

The State Department publishes a suggested checklist, and officers can ask for more. A typical file includes:

  • Passport and other proof of nationality.
  • Ownership documents for the U.S. company.
  • Source of funds: bank records, sale documents, and an accountant's net worth statement.
  • Proof of the investment: wire transfers, escrow records, purchase agreement, lease, and receipts.
  • For a new business, a business plan with 5-year financial projections.
  • For an existing business, tax returns, financial statements, and payroll records.

How do you apply, and what does it cost?

Outside the United States, you apply at a U.S. embassy or consulate with Form DS-160, which includes the E-2 investor questions. Employees also file Form DS-156E.

Schedule the interview in your country of nationality or residence. If you live in Venezuela, the designated post is the U.S. Embassy in Bogotá. The E visa application fee is $315 as of October 2026, and some nationalities also pay an issuance fee.

If you are in the United States in a lawful nonimmigrant status, you can file Form I-129 to change to E-2. Visa Waiver Program entrants cannot change status. Do not start the E-2 activity before approval.

USCIS fees as of October 2026:

  • Form I-129 (E-2): $1,015 on paper, or $965 online where available.
  • Small employer (25 or fewer full-time equivalent employees) or nonprofit: $510.
  • Asylum Program Fee with Form I-129: $600, or $300 for a small employer, or $0 for a nonprofit.
  • Form I-539 for family members in the United States: $470 on paper, $420 online.
  • Premium processing (Form I-907): $2,965, with USCIS action within 15 business days.
  • Processing times vary. Check egov.uscis.gov/processing-times and the appointment wait time at your consulate.

How long can you stay, and what about your family?

Each admission lasts up to 2 years. Extensions come in increments of up to 2 years, with no limit on the number. The reciprocity schedule for your nationality sets the visa validity and the number of entries.

Your spouse and unmarried children under 21 can receive E-2 dependent status, whatever their nationality. Your spouse may work incident to status, and the spouse's Form I-94 can show E-2S. Children do not get work permission from E-2 status, but they can attend school.

Family members keep their own I-94 dates. If you travel alone, they do not get your new period.

E-2 is a nonimmigrant status, and you must intend to depart when it ends. It does not lead directly to a green card, which needs a separate basis, such as an immigrant petition.

What changed in 2025 and 2026?

These points are current as of October 28, 2026. Some are in litigation and can change, so get a review of your own case before you file.

  • Proclamation 10998, in force since January 1, 2026, keeps a partial suspension for Venezuelan nationals. It covers immigrant visas and B-1, B-2, F, M, and J visas, not E visas.
  • Proclamation 10949 also directs consular officers to reduce the validity of other nonimmigrant visas for Venezuelans, where the law permits.
  • Since July 15, 2026, the State Department tells nonimmigrant visa applicants to apply in their country of nationality or residence.
  • USCIS memos from December 2025 and January 2026 held pending cases of people from the proclamation countries, including people born there. Courts vacated and enjoined the memos in June and August 2026. The appeals court let USCIS resume only the re-review of some past approvals.
  • Pub. L. 119-21 creates a visa integrity fee of at least $250 per nonimmigrant visa. DHS said it will implement the fee in a future publication.
  • For E-2 jobs that need a commercial motor vehicle, USCIS asks for proof of English language proficiency.

How Buroz Law helps

Rene Buroz is an immigration attorney in Aventura, FL. We check your nationality against the treaty table and plan the investment with you. We prepare the evidence, Form I-129 or the consular application, and responses to requests for evidence. We also prepare you for the interview, in English or Spanish.

Step by step

  1. Confirm your nationality

    Check the treaty table. If you hold two nationalities, choose one for the case.

  2. Set up and fund the company

    Hold at least 50% or operational control. Commit the funds to the business or place them in escrow.

  3. Build the evidence

    Trace the funds to a lawful source. Prepare the business plan and the proof of investment.

  4. File the application or petition

    Abroad, file Form DS-160 and attend the interview. In the United States, file Form I-129, and Form I-539 for family.

  5. Keep your status

    Operate the business as approved. File a new Form I-129 for a substantive change, such as a merger. Extend before your I-94 date.

Frequent questions

Is there a minimum investment for an E-2 visa?

No. The investment must be substantial in relation to the total cost of the business. The lower the cost, the higher the share you must invest.

Can a Venezuelan get an E-2 visa?

Not on Venezuelan nationality, because Venezuela is not on the treaty list. A Venezuelan who also holds Spanish, Italian, or Portuguese nationality can apply on that nationality if they meet the other requirements. Venezuelan spouses and children of an E-2 investor can receive dependent status.

Is Colombia an E-2 treaty country?

Yes. Colombia is on the State Department table for E-1 and E-2.

Can my spouse work in E-2 status?

Yes. Your spouse may work incident to status, and the spouse's Form I-94 can show E-2S. Children do not get work permission from E-2 status.

Does the E-2 visa lead to a green card?

Not directly. E-2 is a nonimmigrant status, and a green card needs a separate basis, such as an immigrant petition.

Related

Official sources