Investor & founder routes
What is the E-2 treaty investor visa?
The E-2 is a temporary U.S. status for a citizen of a treaty country who invests a substantial amount in a real, active U.S. business and comes to run it. There is no fixed minimum dollar amount. It can be extended in two-year increments without limit, but it is not a green card, and nationals of some large countries — including India, mainland China, Brazil, Nigeria, Russia and Vietnam — are not eligible because their countries have no treaty.
Primary legal authority
- INA §101(a)(15)(E)(ii) — Defines the treaty investor classification.
- 8 CFR §214.2(e)(12), (14), (15) — Investment must be at risk and irrevocably committed; 'substantial' is proportional to the business, with no fixed minimum; the business may not be marginal.
- 9 FAM 402.9-10 (rev. Feb. 17, 2026) — The State Department's list of treaty countries for E-1 and E-2.
Who qualifies
You must be a citizen of a country that has a qualifying treaty with the United States. You must have invested, or be actively investing, a substantial amount of your own at-risk money in a real, operating U.S. business. And you must be coming to develop and direct that business — normally by owning at least 50% of it or having operational control.
The business cannot be marginal. It must be able to earn more than a minimal living for you and your family, now or within five years.
How much you must invest
There is no fixed minimum. 'Substantial' means substantial compared with the total cost of buying or starting that particular business, and enough to show you are committed to making it work. The cheaper the business, the higher the share of its cost you are expected to have put in.
The money must already be committed and at risk of loss. Funds sitting in a bank account, or a plan to invest, do not count. Funds from criminal activity disqualify you.
Real estate
Property bought to hold for appreciation, or to collect passive rent, is not an active operating enterprise and will not support an E-2. A genuine real estate business — development, property management with staff, a brokerage — can. Whether a specific plan crosses that line is a facts question for an immigration attorney.
Countries not on the treaty list
As of the February 17, 2026 revision of the Foreign Affairs Manual, India, mainland China, Brazil, Nigeria, Russia and Vietnam are not treaty countries. Grenada and Turkey are, which is why their citizenship-by-investment programs are marketed as a route to E-2. Whether a consulate accepts a newly acquired nationality for E-2 purposes is an individual question — talk to an attorney before relying on it.
How long you can stay, and your family
The initial stay is up to two years. Extensions are granted in increments of up to two years, with no limit on the number, as long as the business keeps qualifying. You must keep the intention to leave when your status ends; the E-2 does not itself lead to a green card.
Your spouse and unmarried children under 21 can come with you. Spouses are authorized to work automatically (E-2S status).
Frequently asked questions
Is there a minimum investment for the E-2 visa?
No fixed dollar amount. 8 CFR §214.2(e)(14) requires the investment to be substantial relative to the total cost of the specific business and enough to show real commitment. The smaller the business, the larger the proportion you must have invested.
Can Indian or Chinese citizens get an E-2 visa?
Not on their own nationality — India and mainland China are not on the State Department's treaty country list (9 FAM 402.9-10, as of February 2026). Some people acquire a treaty nationality first, such as Grenada or Turkey; whether that is accepted is an individual question for an attorney.
Does the E-2 visa lead to a green card?
Not by itself. E-2 holders must keep the intent to depart. Many later pursue EB-5, EB-1C or another green card category, which is a separate process.
Can I get an E-2 visa by buying rental property?
Generally no. Passive property ownership is not a real, active, operating enterprise under 8 CFR §214.2(e). An active real estate business with operations and staff may qualify.
How long is the E-2 visa valid?
An initial stay of up to two years, then extensions of up to two years each with no limit on the number, as long as the business continues to qualify.
JustiGuide 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 2026-09-01.