United States · Investing
United States E-2 Treaty Investor
First stay: 2 yrs
Checked against official sources on Change log
Key facts
E-2 Treaty Investor is an investing route for United States. Local work: limited. Checked 2026-10-12 against the official source.
- Government fees
- $1,015
- First stay
- 2 yrs
Cost, time and long term
Government fees$1,015
- $1,015Form I-129 filing fee for an E-1, E-2, E-3 or TN petition filed by paper (USD 965 online) when changing status inside the United States; the petitioner also pays the Asylum Program Fee of USD 600 (USD 300 for a small employer, USD 0 for a nonprofit). Abroad the visa is applied for at a consulate.
RenewalRenewable
Admission is for up to 2 years and can be extended in steps of up to 2 years with no limit on the number of extensions.
CitizenshipTime here doesn't count
Naturalisation requires years of lawful permanent resident status (5 years, or 3 if married to a U.S. citizen), so time in this temporary status does not count toward it.
Why this route may not fit
Check this before you apply.
- Time on this route doesn't count toward citizenship
- Work rights are limited
- Only for passports from 78 countries
What you'll need
Who can apply11
- The applicant is a national of a treaty country.
- The applicant has invested or is actively investing in a bona fide, non-marginal enterprise.
- A marginal enterprise cannot generate more than a minimal living; a new enterprise is expected to exceed that within five years.
- The applicant enters solely to develop and direct the enterprise.
- The applicant has at least 50% ownership or operational control through a managerial position.
- Employees must share the investor's nationality.
- Employees perform executive or supervisory duties or hold special qualifications.
- The employer must be at least 50% owned by treaty-country nationals.
- Bolivia is on the treaty list only for investments established or acquired before 10 June 2012.
- Ecuador is on the treaty list only for investments in place by 18 May 2018, and only until 18 May 2028.
- Bolivia and Ecuador are therefore not included in the allowed country list.
What you must show and pay1
- A fee of $1,015 · Form I-129 filing fee for an E-1, E-2, E-3 or TN petition filed by paper (USD 965 online) when changing status inside the United States; the petitioner also pays the Asylum Program Fee of USD 600 (USD 300 for a small employer, USD 0 for a nonprofit). Abroad the visa is applied for at a consulate.
Steps2
- Apply at a U.S. embassy or consulate when outside the United States.
- Form I-129 cannot be used from abroad.
After you arrive1
- The holder must keep an intention to depart when status ends.
When you become tax resident
How United States decides tax residence and treats foreign-source income, from its tax records.
- Stay on this route
Up to 2 years at first, renewable
- Tax residence
- At least 31 days in the current calendar yearMinimum days of presence in the current year.
- At least 183 days in the current year plus two preceding years (weighted 1, 1/3, 1/6)Weighted days of presence over the three-year period.
- Foreign-source income
U.S. citizens and resident aliens are taxed on worldwide income at the graduated rates that apply to citizens; non-residents are taxed on U.S.-source income under Form 1040-NR rules.
All tax rules for United States Tax records checked
Full official text
Nonimmigrant visa for nationals of treaty countries who invest a substantial amount of capital in a bona fide U.S. enterprise they will develop and direct, and for qualifying employees of the same nationality. 1 2 3 4
What you must show and pay
- A fee of $1,015 · Form I-129 filing fee for an E-1, E-2, E-3 or TN petition filed by paper (USD 965 online) when changing status inside the United States; the petitioner also pays the Asylum Program Fee of USD 600 (USD 300 for a small employer, USD 0 for a nonprofit). Abroad the visa is applied for at a consulate. 3
- Investment · No dollar minimum; substantial in relation to the total cost of buying or establishing the enterprise, sufficient to ensure commitment, and of a magnitude to support likely success. Funds must be at risk. 1
Requirements
- The applicant is a national of a treaty country. 1
- The applicant has invested or is actively investing in a bona fide, non-marginal enterprise. 1
- A marginal enterprise cannot generate more than a minimal living; a new enterprise is expected to exceed that within five years. 1
- The applicant enters solely to develop and direct the enterprise. 1
- The applicant has at least 50% ownership or operational control through a managerial position. 1
- Employees must share the investor's nationality. 1
- Employees perform executive or supervisory duties or hold special qualifications. 1
- The employer must be at least 50% owned by treaty-country nationals. 1
- Bolivia is on the treaty list only for investments established or acquired before 10 June 2012. 4
- Ecuador is on the treaty list only for investments in place by 18 May 2018, and only until 18 May 2028. 4
- Bolivia and Ecuador are therefore not included in the allowed country list. 4
- Apply at a U.S. embassy or consulate when outside the United States. 1
- Form I-129 cannot be used from abroad. 1
- The holder must keep an intention to depart when status ends. 1
Stay
- Initial admission up to 2 years; extensions in increments of up to 2 years with no limit on their number; automatic 2-year readmission on return from travel if admissible.
- First stay: up to 24 months, decided case by case.
- Renewable, subject to the conditions in force at renewal.
Nationality
Only nationals of treaty countries; Kosovo is on the list but has no ISO 3166 code and Yugoslavia is listed as a historic treaty; neither is in the code list. New Zealand and Portugal were added by statute. Open to: Albania, Armenia, Argentina, Austria, Australia, Azerbaijan, Bosnia and Herzegovina, Bangladesh, Belgium, Bulgaria, Bahrain, Canada, Democratic Republic of the Congo, Republic of the Congo, Switzerland, Chile, Cameroon, Colombia, Costa Rica, Czechia, Germany, Denmark, Estonia, Egypt, Spain, Ethiopia, Finland, France, United Kingdom, Grenada, Georgia, Honduras, Croatia, Ireland, Israel, Italy, Jamaica, Jordan, Japan, Kyrgyzstan, South Korea, Kazakhstan, Sri Lanka, Liberia, Lithuania, Luxembourg, Latvia, Morocco, Moldova, Montenegro, North Macedonia, Mongolia, Mexico, Netherlands, Norway, New Zealand, Oman, Panama, Philippines, Pakistan, Poland, Portugal, Paraguay, Romania, Serbia, Sweden, Singapore, Slovenia, Slovakia, Senegal, Suriname, Togo, Thailand, Tunisia, Türkiye, Trinidad and Tobago, Taiwan, Ukraine.
Work
Work only in the activity for which E-2 was approved; spouses in E-2 or E-2S status are work-authorised incident to status.
Family
Spouse and unmarried children under 21 of any nationality; children are not work-authorised.
Official sources
- E-2 Treaty Investors · U.S. Citizenship and Immigration Services · checked 2026-10-10
- Treaty Countries · U.S. Department of State, Bureau of Consular Affairs (Internet Archive copy) · checked 2026-10-12 · published 2026-07-04
- Form G-1055, Fee Schedule (edition 10/07/26) · U.S. Citizenship and Immigration Services · checked 2026-10-12 · published 2026-10-07
- 9 FAM 402.9-10: treaties and laws containing trader and investor provisions (CT:VISA-2190, 17 February 2026) · U.S. Department of State, Foreign Affairs Manual · checked 2026-10-12 · published 2026-02-17
- USCIS Policy Manual, Volume 12, Part D, Chapter 2: Lawful permanent resident admission for naturalization · U.S. Citizenship and Immigration Services · checked 2026-10-11
- I am married to a U.S. citizen (naturalization) · U.S. Citizenship and Immigration Services · checked 2026-10-11
E-2 Treaty Investor and its alternatives
| Route | Money needed | Stay | Work |
|---|---|---|---|
| E-2 Treaty Investor | – | 2 yr, renewable | Limited |
| Gold Card · $1M | Needs an investment of $1M | – | – |
| EB-5 Investor · $1.05M | Needs an investment of $1.1M+ | 2 yr | – |
| EB-5 Investor · $800k TEA | Needs an investment of $800k+ | 2 yr | – |
| Investor residence Mexico | Needs an investment of MXN 5.4M+ ≈ $294k | 4 yr | With a permit |
Questions people ask
How much money do I need for the E-2 Treaty Investor?
A fee of $1,015. Form I-129 filing fee for an E-1, E-2, E-3 or TN petition filed by paper (USD 965 online) when changing status inside the United States; the petitioner also pays the Asylum Program Fee of USD 600 (USD 300 for a small employer, USD 0 for a nonprofit).
How long can I stay on the E-2 Treaty Investor?
Initial admission up to 2 years; extensions in increments of up to 2 years with no limit on their number; automatic 2-year readmission on return from travel if admissible.
Can I work on the E-2 Treaty Investor?
Limited. Work only in the activity for which E-2 was approved; spouses in E-2 or E-2S status are work-authorised incident to status.
Can I bring my family on the E-2 Treaty Investor?
Spouse and unmarried children under 21 of any nationality; children are not work-authorised.
Who can apply for the E-2 Treaty Investor?
Only nationals of treaty countries; Kosovo is on the list but has no ISO 3166 code and Yugoslavia is listed as a historic treaty; neither is in the code list. New Zealand and Portugal were added by statute. Open to: Albania, Armenia, Argentina, Austria, Australia, Azerbaijan, Bosnia and Herzegovina, Bangladesh, Belgium, Bulgaria, Bahrain, Canada, Democratic Republic of the Congo, Republic of the Congo, Switzerland, Chile, Cameroon, Colombia, Costa Rica, Czechia, Germany, Denmark, Estonia, Egypt, Spain, Ethiopia, Finland, France, United Kingdom, Grenada, Georgia, Honduras, Croatia, Ireland, Israel, Italy, Jamaica, Jordan, Japan, Kyrgyzstan, South Korea, Kazakhstan, Sri Lanka, Liberia, Lithuania, Luxembourg, Latvia, Morocco, Moldova, Montenegro, North Macedonia, Mongolia, Mexico, Netherlands, Norway, New Zealand, Oman, Panama, Philippines, Pakistan, Poland, Portugal, Paraguay, Romania, Serbia, Sweden, Singapore, Slovenia, Slovakia, Senegal, Suriname, Togo, Thailand, Tunisia, Türkiye, Trinidad and Tobago, Taiwan, Ukraine.
How are E-2 Treaty Investor holders taxed in United States?
No special regime in our records is tied to the E-2 Treaty Investor. The standard rules apply: U.S. citizens and resident aliens are taxed on worldwide income at the graduated rates that apply to citizens; non-residents are taxed on U.S.-source income under Form 1040-NR rules.
More in United States
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≈ USD figures are approximate: daily reference rates from ExchangeRate-API, dated 12 Oct 2026, refreshed when the site is updated.
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How this was checked
Checked on 2026-10-12 against 6 official sources. Status: verified against the official sources.
Every figure on this page comes from the official source it links to. The record was researched against these sources, then reviewed separately, with special attention to effective dates and amendments. Where a source does not state something, the page leaves it out.
- E-2 Treaty Investors · U.S. Citizenship and Immigration Services · checked 2026-10-10
- Treaty Countries · U.S. Department of State, Bureau of Consular Affairs (Internet Archive copy) · checked 2026-10-12
- Form G-1055, Fee Schedule (edition 10/07/26) · U.S. Citizenship and Immigration Services · checked 2026-10-12
- 9 FAM 402.9-10: treaties and laws containing trader and investor provisions (CT:VISA-2190, 17 February 2026) · U.S. Department of State, Foreign Affairs Manual · checked 2026-10-12
- USCIS Policy Manual, Volume 12, Part D, Chapter 2: Lawful permanent resident admission for naturalization · U.S. Citizenship and Immigration Services · checked 2026-10-11
- I am married to a U.S. citizen (naturalization) · U.S. Citizenship and Immigration Services · checked 2026-10-11
Tracked since 2026-10-10. Rule changes and corrections are listed on the changes page, and the methodology page explains how facts are checked. Found something out of date? Email contact@stayglobe.app with a link to the official source.