E-2 Treaty Investor Visa

The E-2 Treaty Investor visa is a nonimmigrant visa for nationals of countries that maintain a qualifying treaty of commerce and navigation with the United States. It lets you enter the U.S. to develop and direct a business in which you have invested (or are actively in the process of investing) a substantial amount of capital.

Israel joined the E-2 treaty on May 1, 2019. Israeli nationals are eligible to apply.

Who qualifies

To be eligible for an E-2 visa, you must:

1. Be a national of a qualifying treaty country. Dual nationals may qualify through either citizenship.
2. Invest a substantial amount in a bona fide U.S. enterprise. There is no fixed minimum dollar threshold; the investment must be substantial relative to the total cost of purchasing or establishing the enterprise. As a general guide, investments under $100,000 face higher scrutiny; amounts of $150,000 or more are more commonly approved.
3. Own at least 50% of the enterprise, or hold a position of control (e.g., operational role in management).
4. The enterprise must be real and active — not a passive investment or a marginal business solely supporting the investor's livelihood.
5. The funds must be at risk, committed to the enterprise and subject to loss if the business fails.

Duration and extensions

An E-2 visa is initially issued for up to 5 years (depending on the treaty country; Israeli passports typically receive 5 years with multiple entries). Each period of admission into the U.S. is 2 years, indefinitely renewable as long as the enterprise remains active and you maintain qualifying investor status.

There is no cap on E-2 renewals. Many investors remain on E-2 status for a decade or longer.

Family members

• Your spouse receives E-2S dependent status and is eligible for an open Employment Authorization Document (EAD), allowing work for any U.S. employer.
• Children under 21 receive E-2S status but are not eligible for work authorization under this category.

Employees

Qualifying treaty-national employees in executive, supervisory, or essential skills roles may also apply for E-2 employee visas, provided their employer holds E-2 status.

How to apply

From outside the United States: File Form DS-160 (Online Nonimmigrant Visa Application), pay the MRV fee, and schedule a consular interview at a U.S. embassy or consulate in your home country. You will need to bring a comprehensive business plan, investment documentation, bank records, and proof of nationality.

From inside the United States (change of status): File Form I-129 (Petition for Nonimmigrant Worker) with USCIS. Allow several months for processing unless premium processing is used.

Key documents

• Valid passport (treaty-country national)
• Proof of investment funds (bank transfers, escrow, purchase agreements)
• Business plan with financial projections
• Evidence of ownership stake
• Evidence of prior business experience (helpful but not required)

Official source

All E-2 requirements are published by USCIS at: uscis.gov/e-2-treaty-investors

Disclaimer: This content is for informational purposes only and does not constitute legal advice. E-2 eligibility is highly fact-specific. Consult a licensed immigration attorney before making investment or application decisions.