E-2 Treaty Investors

The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. It is important to realize that a "substantial amount of capital" varies and there is no hard and fast threshold to meet the requirement. Depending on the nature of the business, the capital injection can vary.

Most important, you must determine if you are a citizen of one of the countries that the U.S. has such a treaty with. Here is the list. It does not matter how well-qualified you are for the classification if you are not a national of a treaty country.

Additionally, to qualify for E-2 classification, you must have invested or be in the process of investing capital in a real business in the United States and you must seek to enter the United States to develop and direct the enterprise. Employees are eligible to obtain the classification as well so long as they are of the same nationality as the principal employer, meet the definition of an employee, and either are engaged in executive or supervisory activities or have special qualifications. You can change status in the United States or apply for this classification abroad.

This is a non-immigrant classification, and unlike H-1B classification, does not permit the holder to have dual intent. In other words, you must intend to depart the United States once your visa expires. You may seek to extend the validity of your visa, and such extensions are granted in increments of up to two years.

Attention CDL drivers: as of September 29, 2025, states may issue or renew non-domiciled CDL or CLP only to drivers who have an H-2A, H-2B, or E-2 classification.

As of September 29, 2025, states may issue or renew Non-Domiciled CDL or CLP only to non-U.S. citizen and non-lawful permanent resident drivers who have an H-2A, H-2B, or E-2 visa. Previous to that date, would-be applicants for Non-Domiciled CDL or CLP only needed an unexpired employment authorization document (EAD or work permit) or an unexpired passport with a Form I-94.