E-2 Visa Requirements in 2026

Short summary

The E-2 Treaty Investor visa allows foreign nationals from 80+ treaty countries to invest in U.S. businesses without a fixed minimum, provided the investment is substantial relative to business cost, the business is real and non-marginal, funds are at genuine risk, and the investor actively manages operations. Proportionality tests guide investment amounts; USCIS evaluates job creation potential and operational control.

• •E-2 visa available only to citizens of 80+ treaty countries with active U.S. commerce agreements
• •No fixed minimum investment, but must be substantial relative to total business cost (typically 30-75% depending on scale)
• •Investor must own at least 50%, actively manage day-to-day operations, and demonstrate business generates value beyond personal income

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