• Applicant must be a national of a US treaty country. (If citizenship is 
  obtained by investment, the applicant is required to have resided there for 
  at least 3 years)

• Must establish/invest in an active US business, owning ≥50% shares with management and financial control.

• Must invest or plan to invest substantially (amount varies by business, must show growth potential).

• The applicant must take a key management role in the invested company or have special skills required for the investment.

• The investment funds' origin must be legally explainable.

• The applicant must have no criminal record.

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Add Dependents

• Spouse (eligible to work legally in the U.S.)

• Unmarried children under 21 years old (eligible to attend U.S. schools)​

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* If approved, they will typically receive the same duration of stay as the principal applicant

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*The lawful spouse of an E-2 principal applicant may apply for an E-2 dependent visa, with no nationality restrictions. The marriage must be bona fide (evidenced by a marriage certificate, proof of cohabitation, etc.), and homosexual marriages are recognized (legally valid across the United States per the Supreme Court's 2015 ruling). If the principal applicant marries in the U.S. (e.g., to a U.S. citizen or green card holder), the spouse can still apply for an E-2 dependent visa—provided the principal applicant maintains citizenship in a treaty country and meets E-2 investment requirements.

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* After a child turns 21, the non-immigrant visa automatically becomes invalid in principle: At that point, the child may apply as a principal applicant for a new E-2 visa (with new investment); or the parents may transfer the business to the child, who would then apply a new E2 visa (in this case, the parents would no longer hold E-2 status).

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*(Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. Spouses and children may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking changes of status to or extensions of stay in an E-2 dependent classification, they may apply by filing a single Form I-539, Application to Change/Extend Nonimmigrant Status, with fee.)