How much do I need to invest for a US E-2 treaty investor visa?
Checked on
USCIS sets no fixed amount. You must be a national of a treaty country and invest a substantial amount, at risk, in a real US business, judged against what the business costs: the cheaper the business, the larger the share you must invest. You need at least 50% ownership or operational control, and the business can't be marginal.
Key facts
| What | USCIS says | Source |
|---|---|---|
| Nationality | You must be a national of a country with which the US maintains a treaty of commerce and navigation (or a qualifying agreement, or a country deemed qualifying by legislation) | USCIS, E-2: General Qualifications of a Treaty Investor |
| Amount | No fixed figure: “substantial” relative to the total cost of buying or starting the business; the lower the cost, the higher, proportionately, the investment must be | USCIS, E-2: substantial amount of capital |
| Investment | Capital (funds or other assets) placed at risk to make a profit, subject to partial or total loss, not from criminal activity | USCIS, E-2 (8 CFR 214.2(e)(12)) |
| Control | At least 50% ownership, or operational control through a managerial position or other corporate device | USCIS, E-2: General Qualifications |
| Business | Real, active and operating, producing services or goods for profit, and meeting local legal requirements | USCIS, E-2: bona fide enterprise |
| Not marginal | Must have the present or future capacity to generate more than a minimal living for you and your family; a new business, within five years | USCIS, E-2 (8 CFR 214.2(e)(15)) |
| Stay | Initial stay up to two years; extensions of up to two years each, with no limit on the number | USCIS, E-2: Period of Stay |
| Family | Spouse and unmarried children under 21; spouses in E-2 or E-2S status may work incident to status | USCIS, E-2: Family |
There is no published minimum
USCIS describes a “substantial amount of capital” by three tests, not a dollar figure. It must be substantial relative to the total cost of buying an existing business or starting a new one, enough to ensure your financial commitment to the business, and large enough to support the likelihood that you will develop and direct it successfully. USCIS adds that the lower the cost of the business, the higher, proportionately, your investment must be.
The money must be at risk: if the business fails, you can lose part or all of it. You must show it didn’t come, directly or indirectly, from criminal activity.
What the business must be
The business must be real and operating, producing goods or services for profit; USCIS calls this a “bona fide enterprise”. It must not be “marginal”, meaning it must be able, now or in future, to earn more than a minimal living for you and your family. For a new business, USCIS says it should reach that capacity within five years of the date your E-2 classification begins. You must be coming to the US only to develop and direct the business, shown by owning at least 50% or holding operational control.
Applying and staying
If you are already in the US in lawful nonimmigrant status, you file Form I-129 with USCIS to change status. From abroad, you can’t use Form I-129: you apply for an E-2 visa through the Department of State and then seek admission at a port of entry.
The first stay is up to two years, and extensions come in steps of up to two years, with no limit on how many. USCIS stresses that E-2 holders must intend to leave the US when their status ends. You may work only in the activity approved for you. A substantive change, such as a merger, acquisition or sale of the division, needs a new Form I-129.
Related questions
- Which countries qualify: USCIS refers to the Department of State’s list of treaty countries.
- Employees of an E-2 investor: they need the same nationality and executive, supervisory or essential-skills duties (USCIS, General Qualifications of the Employee).
Sources
- USCIS: E-2 Treaty Investors (citing 8 CFR 214.2(e)) checked 2026-10-25
Change history
- : Page created
This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.