E-2 is only available to nationals of countries that have a commerce or navigation treaty with the United States. This is a hard requirement.
<\!-- Step 2: Investment Amount -->
Step 2 of 4
What is your planned investment amount?
There is no fixed dollar minimum for E-2 — the investment must be "substantial" relative to the total cost of purchasing or creating the business. Higher investments relative to business cost are more defensible.
<\!-- Step 3: Business Type -->
Step 3 of 4
What type of business are you investing in?
The E-2 enterprise must be a real, active commercial operation — not a passive investment. Certain business types face more scrutiny than others.
<\!-- Step 4: Business Viability -->
Step 4 of 4
Business viability and control
USCIS evaluates whether the enterprise is bona fide, non-marginal, and under your control.
Has the business been operational (or has a signed purchase/franchise agreement)?
Do you own 50% or more of the enterprise?
Can you demonstrate an active management or director-level role?
<\!-- Email Gate -->
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No annual visa cap · No priority date backlog · Indefinitely renewable while business operates · Dependent spouse receives automatic work authorization (EAD) · Children under 21 receive E-2 dependent status
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Investment substantiality analysis by business type