E-2 Treaty Investor
Lets a national of a treaty country come to the United States to develop and direct a business in which they have invested, or are actively investing, a substantial amount of capital. It also covers certain executive, supervisory, or essential-skills employees of a qualifying enterprise who share the employer's treaty-country nationality.
- Срок
- Initial admission up to 2 years. No maximum - extensions/readmissions in increments of up to 2 years each are available indefinitely as long as the investment enterprise and treaty-nationality requirements continue to be met.
- Продление
- Requests for extension of stay, or change of status to E-2, may be granted in increments of up to 2 years each with no limit on the number of extensions. A traveler who departs and is found admissible generally receives a new automatic 2-year period of readmission at the border.
- Работа
- The E-2 principal or employee may work only in the activity approved at the time classification was granted (plus, under conditions, for the enterprise's qualifying parent or subsidiary). A substantive change in the enterprise (merger, acquisition, sale of the relevant division, etc.) requires a new Form I-129 before continuing.
- Двойное намерение
- limited - nonimmigrant intent (intent to depart) is required, though pursuing permanent residence does not automatically disqualify continued E-2 extensions; assessed case by case
- Члены семьи
- Spouse and unmarried children under 21 may accompany or follow, regardless of their own nationality, generally with the same period of stay as the principal. As of November 12, 2021, E-2 spouses are employment authorized incident to status; since January 30, 2022 documented via an E-2S notation on Form I-94 as List C evidence, with a narrow exception for spouses of long-term CNMI E-2 investors, who still need Form I-765. Children may not work.
- Путь к грин-карте
- No direct path. E-2 is nonimmigrant-only. A holder wanting to immigrate permanently must separately qualify under an immigrant category (e.g., an EB-5 investor petition is a distinct, much higher-threshold category, not an upgrade path from E-2).
- Срок рассмотрения
- Consular processing time varies by post; USCIS Form I-129 processing time varies by service center (check the USCIS processing times tool) - not independently verified for a specific number here (unverified)
Кто подходит
- A national of a treaty country who has invested, or is actively investing, a substantial amount of capital in a real, operating US business and who is coming to develop and direct that investment (shown by at least 50 percent ownership or operational control through a managerial role or other corporate device)
- An employee of a qualifying treaty enterprise, of the same nationality as the principal employer, in an executive/supervisory role or with special qualifications essential to the enterprise
- If the employer is not an individual, the enterprise must be at least 50 percent owned by persons of the treaty country's nationality who hold or would qualify for E-2 status
Требования
- Nationality of a treaty country (Department of State treaty country list)
- A substantial amount of capital placed at risk in a commercial sense, not obtained from criminal activity, proportionally larger for lower-cost enterprises
- A bona fide, real, active, operating enterprise, not a passive or speculative investment
- The enterprise must not be 'marginal' - it must generate more than a minimal living for the investor and family, or have that capacity within 5 years of the E-2 classification beginning
- Intent to depart the US when E-2 status ends
- For jobs requiring operation of a commercial motor vehicle, evidence of English-language proficiency is now required (2025 executive order, applied to E-2 filings by USCIS)
Как подать
- 1
If applying from abroad: complete Form DS-160 online, pay the MRV fee, schedule and attend a visa interview at a US embassy or consulate (E-2 cannot be requested on Form I-129 from outside the US)
- 2
If already in the US in valid nonimmigrant status: the investor (or qualifying employer, for an employee) files Form I-129 requesting change of status to E-2
- 3
Dependents already in the US file a single Form I-539 for change of status or extension
- 4
Upon visa issuance, seek admission at a US port of entry as an E-2 nonimmigrant
Сборы и формы
| Nonimmigrant visa application fee (MRV), E category (E-1/E-2/E-3) | $315.00 |
| Form I-129 filing fee, E classification (change of status/extension filed with USCIS) | $1,015 standard; $510 for qualifying nonprofits/small employers (25 or fewer full-time-equivalent employees) |
| Form I-539 (dependents applying for change/extension of E-2 status) | $420 online; $470 paper |
| Form I-765 (optional EAD for E spouse, not required to prove work authorization) | $470 online; $520 paper |
| Visa Integrity Fee (H.R. 1 / Public Law 119-21, sec. 100007) | at least $250 per nonimmigrant visa issued, refundable if conditions met - statutory as of July 4, 2025 but as of September 2026 not yet operational (unverified implementation date) |
DS-160Form I-129 (if changing status/extending from within the US)Form I-539 (dependents changing/extending status)Form I-765 (optional, for spouse EAD)
Что изменилось в 2025 и 2026 годах
- 2021-11-12 (still in effect): E-2 spouses became employment authorized incident to status; since 2022-01-30 documented via an E-2S notation on Form I-94
- 2025-04-28: Executive Order 14286 requires E-2 applications for commercial-motor-vehicle-operator jobs to include evidence of English-language proficiency; USCIS will generally accept visas issued after June 15, 2026 for such positions as proof of that proficiency
- 2025-07-04: Statutory $250-minimum Visa Integrity Fee (H.R. 1) applies to nonimmigrant visa issuance generally, including E-2, but as of September 2026 not yet operational per DHS/State
Где чаще всего ошибаются
- A 'marginal enterprise' finding (insufficient present or reasonably projected income beyond a bare living) is one of the most common reasons E-2 petitions are denied
- Funds sitting uncommitted or easily recoverable in a bank account generally do not count as 'invested' capital - the capital must be genuinely at risk
- A merger, acquisition, or sale of the relevant business unit is a substantive change requiring a new Form I-129 before continuing in E-2 status
- E-2 cannot be requested on Form I-129 by someone physically outside the United States
- The English-proficiency documentation requirement for commercial-motor-vehicle jobs is new and easy to overlook on E-2 filings in that specific occupation
Также в категории Treaty trader and investor
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