FAQS: Treaty Investor (E-2 Visa)

Frequently Asked Questions About Treaty Investor (E-2 Visa)

An E-2 Visa is a non-immigrant visa that allows individuals from treaty countries to enter and work in the United States based on a substantial investment they will be controlling in a U.S. business.

Here are some answers to common questions about the E-2 Visa.

  • No, the U.S. federal regulations states that the invested amount must be “substantial.” According to the US Foreign Affairs Manual, there is no set dollar figure that constitutes a minimum amount to be deemed “substantial.” The amount must be “substantial” in relation to the cost of either purchasing or creating a new company. The figure depends on how much would ordinarily be sufficient to start up and successfully operate an enterprise depending on the nature and scope of the intended business.

  • No, the E-2 visa is employer specific. The E-2 investor or employee can only work for the E-2 visa company for which they are issued the E-2. An E-2 derivative spouse, on the other hand, may work for any employer.

  • The E-2 visa issued in an E-2 holder’s passport by a U.S. Consulate outside of the U.S., varies in validity periods, depending on the designated visa reciprocity for the relevant treaty country. The validity of such visas determines how long the E-2 visa holder may travel internationally and be admitted into the U.S. as an E-2 investor, employee, or derivative relative.

    However, a foreign national is permitted to stay in the U.S. in E-2 status for 2 years per admission into the U.S, or per extension of E-2 status with the USCIS.

  • Yes, an E-2 derivative spouse has the authorization to work in the United States. They do not have to apply for an employment authorization document. As evidence of lawful work authorization, the I-94 Admission Record for the E-2 spouse must indicate the designation of “E-2S.”