E2 Visa: Treaty Investor Requirements, Costs and Countries (2026)

The E-2 classification comes from section 101(a)(15)(E)(ii) of the Immigration and Nationality Act. It admits a treaty national coming "solely to develop and direct the operations of an enterprise in which the alien has invested, or ... is actively in the process of investing, a substantial amount of capital"^[2]. Its sister category, E-1, covers treaty traders who carry on substantial trade between the US and their country. The detailed rules are in State Department regulations at 22 CFR 41.51 for visas issued abroad and in USCIS regulations at 8 CFR 214.2(e) for people changing status inside the US^[1][4].

Two agencies decide cases. A US embassy or consulate issues the visa itself after an interview. USCIS handles Form I-129 when someone already in the US in another status asks to change to E-2 or extend it^[1]. The programme has no annual cap and no lottery, and it is open in October 2026.

It is very different from the EB-5 investor green card, which needs US$800,000 or more and leads to permanent residency, and from the Trump Gold Card, a US$1 million gift route. The E-2 costs far less, but it is temporary, tied to one active business, and open only to treaty nationals.

The investor must meet all of the following, and the consular officer or USCIS must be satisfied on each point^[1][4]:

• Treaty nationality. You must hold the nationality of a treaty country (see the list below). At least 50% of the business must be owned by nationals of that same country^[4].
• Investment. Capital, meaning funds or other assets, placed at risk with the aim of making a profit. You must own and control it, and it must be lost in part or in full if the business fails. Loans secured by the business's own assets do not count. Personal loans secured on your own assets do^[4].
• Irrevocable commitment. Money that is only sitting in a bank account is not enough. Funds must be spent or irrevocably committed, for example through an escrow that releases on visa issuance^[4].
• Substantial amount. The amount is judged against the total cost of buying or starting that type of business, using an "inverted sliding scale": the cheaper the business, the higher the share you must fund^[4].
• Bona fide, active enterprise. It must be a real, operating business that produces goods or services. Passive investments such as land, rental property or a share portfolio do not qualify^[1][4].
• Not marginal. The business must be able to generate more than a minimal living for you and your family, or make a significant economic contribution, generally within five years of starting normal operations. Hiring US workers is the usual evidence^[1][4].
• Develop and direct. You must control the business through at least 50% ownership or operational control^[4].
• Intent to depart. You must intend to leave the US when your E-2 status ends^[4]. You do not need to keep a home abroad, unlike for a visitor visa.
• Lawful source of funds. You must trace the money to a legal source, such as salary, sale of property or a business, gifts or inheritance^[1].

E-2 employees

A company that is at least 50% owned by treaty nationals can also bring in employees of the same nationality. They must fill an executive or supervisory role, or have skills essential to the business^[1][4]. Because the 3-year domicile condition is written into the general E definition, it is generally read as applying to employees with investment-acquired nationality too^[2].

There is no statutory or regulatory minimum. Neither the statute nor 22 CFR 41.51 gives a figure; the test is proportional^[2][4]. A US$60,000 investment that fully funds a small consulting firm can qualify, while US$300,000 might fail if the business being bought costs US$2 million and the rest is borrowed against the business.

Practitioners give consistent ranges for 2026. Most approvals involve fully funded businesses in the low-to-mid six figures, and cases below about US$100,000 can work with strong evidence that the business is real and will hire^[17]. One firm's 2026 practical ranges by business type are below^[16]. Treat them as market experience, not rules.

Only nationals of countries on the State Department's treaty list can apply^[10]. Lists published by law firms in 2026 count about 80 E-2 countries. One reading of the official table in August 2026 finds 81 entries, 80 of them open to new investors, and another 2026 list shows 80^[15][24]. Small differences come from countries whose eligibility has ended or is winding down, such as Bolivia, Ecuador and Iran^[26].

Major E-2 countries include: the United Kingdom, Canada, Mexico, Germany, France, Italy, Spain, Portugal, the Netherlands, Ireland, Switzerland, Japan, South Korea, Taiwan, Australia, New Zealand, Israel, Turkey, Egypt, Jordan, Pakistan, the Philippines, Thailand, Colombia, Argentina, Chile, Panama, Paraguay, Costa Rica and Grenada^[14][24].

Not on the list: India, mainland China, Brazil, Russia, Vietnam, South Africa, Nigeria, the Dominican Republic, Peru and most Gulf states other than Bahrain and Oman^[17][24]. Greece and Brunei have E-1 (trade) treaties only.

A spouse and unmarried children under 21 can accompany or join the investor in the same E-2 classification, for the same period of stay^[1][4]. Their nationality does not matter: a non-treaty spouse or child still qualifies^[4]. Abroad, each pays the US$315 visa fee. Inside the US, the family can change status on a single Form I-539 (US$470 on paper, US$420 online), listing the spouse and children as co-applicants^[5][6][25].

• Spouses can work. E-2 spouses have been employment-authorised incident to status since November 2021. Since 30 January 2022, CBP and USCIS issue I-94 records marked E-2S, which are acceptable List C evidence for Form I-9. No separate work permit is needed^[9].
• Children can study but not work. They attend public school or university as dependants.
• Children age out at 21. A child must then change to their own status, usually F-1 student, or qualify for E-2 in their own right. This is a serious planning issue for families who stay many years.
• Parents do not qualify as dependants.

Most investors apply at a US consulate abroad. Since 6 September 2025 that must generally be in their country of nationality or legal residence^[19].

For years, Indian, Chinese, Russian and other non-treaty investors used a two-step plan: buy Grenada citizenship by investment, then apply for an E-2 as a Grenadian. Grenada has had an E-2 treaty since 1989 and is the only Eastern Caribbean CBI country with one^[15]. That plan changed on 23 December 2022.

The 3-year domicile rule under the AMIGOS Act

Section 5902 of Public Law 117-263 amended INA 101(a)(15)(E). Someone who "acquired the relevant nationality through a financial investment" and has never held E status must have been domiciled in that country "for a continuous period of not less than 3 years at any point before applying"^[2][3]. Three points follow:

• Domicile means a genuine home, not visits or a rented flat. Consulates judge it case by case from evidence such as residence, tax filings, family life and business ties. There is no published day count.
• The 3 years can be at any time before the application, but must be continuous.
• People who have previously been granted E status are not covered by the rule^[3].

The cheapest Grenada option is a US$235,000 National Transformation Fund donation, about US$244,000 in government charges for a single applicant, or US$270,000 in approved real estate plus a US$50,000 fee. Processing takes roughly 3–8 months. These figures are verified on our Grenada page. Add three years of genuine life in Grenada, and the route takes about four years. Before the US business is funded, it costs at least the Grenadian government charges plus professional fees and three years of living costs in Grenada^[21].

Two further points. The E-2 is still a temporary visa, so this route buys a US business visa, not a green card. And Grenadian B-1/B-2 visitor-visa applicants may have to post a visa bond since April 2026; this does not apply to E visas, but it shows growing US scrutiny of CBI passports. The same domicile rule applies to Turkey's US$400,000 property citizenship route, Egypt's investor citizenship and Jordan's programme^[23].

For an investor who really does want to live in Grenada for three years, the plan still works. For anyone who simply wanted a fast US visa, it no longer does. Compare Caribbean options in our Caribbean CBI comparison.

E-2 status does not decide your tax position; your days in the US do. You become a US tax resident under the substantial presence test if you are present at least 31 days in the current year and 183 days over three years, counting all current-year days, one-third of last year's and one-sixth of the year before's^[12]. Most E-2 investors who actually live in the US meet it in their first full year.

• Worldwide income. US tax residents pay federal income tax on worldwide income, and must report foreign bank accounts (FBAR) and foreign financial assets (FATCA Form 8938). Foreign companies you own can trigger CFC or PFIC rules. Plan before you move.
• State tax. It depends on where the business and your home are. Florida, Texas, Nevada and some other states have no personal income tax on wages.
• Estate tax. A non-citizen who is not US-domiciled for estate purposes is taxed only on US-situs assets, with a filing threshold of US$60,000^[13]. Whether a long-term E-2 resident is domiciled is a facts-and-intent question; take advice, especially if the business is valuable.
• Business taxes. The US company pays federal corporate tax (or passes income through if it is an LLC), plus state and payroll taxes.

The E-2 has no direct path to a green card, and years spent in E-2 status do not count toward naturalisation. You can stay as long as you keep renewing, but your status ends if the business is sold or fails, and your children must leave or change status at 21^[1].

Many E-2 holders later move to permanent residency through a separate petition:

• EB-5 immigrant investor programme: US$800,000 in a targeted employment area or infrastructure project, or US$1,050,000 otherwise, with higher amounts due for petitions from 1 January 2027. An E-2 business can sometimes be expanded into a direct EB-5 project if it creates 10 full-time jobs.
• Gold Card: a US$1 million gift plus a US$15,000 fee per person, with an unproven track record and pending litigation.
• EB-1C or EB-2 NIW: for multinational executives, or founders whose work is in the national interest^[22].
• Family sponsorship: through a US citizen spouse or adult child.

The E-2 requires intent to depart when status ends, but filing an immigrant petition is not in itself fatal to an E-2 renewal; take legal advice on timing. Once you hold a green card, the five-year clock to naturalisation is explained in our guide to the US naturalisation path.

It suits treaty nationals, for example from the UK, Canada, Mexico, Japan, Turkey or the EU, who want to move to the US to run a business they will actively manage, with a budget of about US$100,000–500,000. It also suits families where the spouse wants to work, and investors who value a business asset over a passive green card.

Look elsewhere if you want a passive investment, a guaranteed route to permanent residency, or long-term security for children approaching 21. In those cases the EB-5 route is the statutory alternative. Non-treaty nationals without three years to spend domiciled in Grenada or Turkey should also look elsewhere. Investors who mainly want a second home base with low running costs may be better served by Latin American residence programmes.

• US EB-5 investor green card: permanent residency from US$800,000, open to all nationalities.
• Quebec Investor Program: Canadian permanent residence through a C$1 million five-year guaranteed investment plus a C$200,000 contribution, with a small annual intake.
• Panama Qualified Investor visa: permanent residence from US$300,000 in first-sale property, in the US dollar zone.
• Paraguay investor residency: permanent residence from US$70,000 for a productive investment.
• UK business and innovator routes: for founders who want an English-speaking alternative.
• Portugal golden visa: EU residence through a €500,000 fund, with low stay requirements.

For budget-led comparisons, see our list of lowest-cost residence-by-investment programmes and the explainer on investor citizenship versus residence permits. All residence options are collected in our golden visa hub.