Investor & founder routes
E-1 or E-2: which treaty visa fits?
E-1 and E-2 come from the same treaty and give the same status — up to two years at a time, renewable without limit, spouse authorized to work, no green card by itself — but they test different things. E-1 (treaty trader) needs substantial, continuous trade, more than half of it between the U.S. and your treaty country, and no investment. E-2 (treaty investor) needs a substantial at-risk investment in a real U.S. business you develop and direct, and no trade history. Check the treaty table first: a few countries qualify for only one of the two.
Primary legal authority
- 8 CFR §214.2(e)(1)–(2) — The two classifications: treaty trader (substantial trade principally with the U.S.) and treaty investor (substantial capital in a bona fide enterprise, solely to develop and direct it).
- 8 CFR §214.2(e)(9)–(16) — The defined terms each visa turns on: items of trade, substantial trade and principal trade (E-1); investment, bona fide enterprise, substantial amount of capital, marginal enterprise and develop-and-direct (E-2).
- 9 FAM 402.9-10 (rev. Feb. 17, 2026) — The treaty table has separate E-1 and E-2 columns. Greece and Brunei: E-1 only. Grenada and Bangladesh: E-2 only. India, mainland China, Brazil, Nigeria, Russia and Vietnam: neither.
This page explains the E-1 vs E-2 in general. Check whether you qualify for E-1 vs E-2 — a few questions, no account needed to see the result.
What each one tests
E-1 asks about trade that already exists: is it substantial (a continuous flow of numerous transactions over time, never one deal), and is it principal (over 50% of your international trade runs between the U.S. and your treaty country)? It does not ask you to invest anything.
E-2 asks about capital: have you invested, or are you actively investing, a substantial amount of your own at-risk money in a real, operating U.S. business that is not marginal, and are you coming to develop and direct it (normally at least 50% ownership or operational control)? It does not ask for a trade history.
Which fits which situation
An exporter, a services firm or a software company in a treaty country that already sells mostly to U.S. customers, and wants to send its owner or a key manager to the U.S., usually fits E-1. Someone buying or starting a U.S. business — a franchise, a restaurant, a consultancy, an active real-estate operation — usually fits E-2.
A business can be both a trader and an investment. Where both are open, the stronger case is normally the one whose evidence is already complete: a run of invoices and shipping records for E-1, or committed funds, ownership documents and a business plan for E-2. Choosing between them is a question for an attorney.
What they share
Both require treaty nationality, which no amount of trade or investment can substitute for. Both are applied for directly — Form DS-160 at a consulate from abroad, or Form I-129 filed by the trader or investor for a change of status inside the U.S. Both are granted for up to two years at a time with unlimited two-year extensions, both require you to keep the intention to depart, and in both the spouse is authorized to work without a separate permit while children may study but not work.
Countries that qualify for only one
The State Department's treaty table has an E-1 column and an E-2 column, and they are not identical. As of the February 17, 2026 revision, Greece and Brunei appear for E-1 only, while Grenada, Bangladesh, Albania, Armenia, Azerbaijan, Bahrain, Bulgaria, Cameroon, both Congos (Brazzaville and Kinshasa), the Czech Republic, Ecuador, Egypt, Georgia, Jamaica, Kazakhstan, Kyrgyzstan, Lithuania, Moldova, Mongolia, Morocco, Panama, Romania, Senegal, the Slovak Republic, Sri Lanka, Trinidad and Tobago, Tunisia and Ukraine appear for E-2 only. Most other treaty countries — including Canada, Mexico, the United Kingdom, Germany, France, Italy, Spain, Japan, South Korea, Taiwan, Australia, Israel, Turkey and Pakistan — qualify for both. India, mainland China, Brazil, Nigeria, Russia and Vietnam appear in neither column.
Frequently asked questions
Can I have both an E-1 and an E-2?
You hold one status at a time, but a business can qualify as both a treaty trader and a treaty investment, and a person can switch from one classification to the other by a new application if the facts support it. Which to apply for is a question for an attorney.
Does E-1 or E-2 require a minimum amount of money?
Neither has a dollar minimum. E-1 measures trade by continuity and volume of transactions (8 CFR §214.2(e)(10)); E-2 measures capital by proportion to the cost of the specific business (8 CFR §214.2(e)(14)).
My country is on the list for E-2 but not E-1. Can I still trade?
You can run a business that trades, but you would apply as a treaty investor: the case would turn on your at-risk investment in the U.S. business rather than on the trade flow. The reverse holds for E-1-only countries such as Greece and Brunei.
Which is faster, E-1 or E-2?
The process is the same — a consular application on Form DS-160, or Form I-129 inside the U.S. — so timing depends on the consulate or USCIS service center, not on which E visa you choose. Processing times vary and are not a forecast for any case.
Does this apply to you?
Everything above is the general rule. Whether the E-1 vs E-2 is the right route for you depends on your own record — your role, your evidence and your timing. The assessment works through that and tells you where you actually stand.
Check your E-1 vs E-2 eligibilityJustiGuide provides legal information, not legal advice, and is not a law firm. This page is a general overview and is not a substitute for advice about your specific situation from a licensed immigration attorney. Last reviewed 2026-09-23.