What do I need to qualify for an E-2 investor visa?
You generally must be a national of a qualifying treaty country, invest a substantial amount of capital in a real and operating U.S. business, and have control of the funds and the enterprise. The investment must be at risk and substantial in relation to the cost of the business, and the business cannot be marginal. You must also be coming to the United States to develop and direct the enterprise, typically through at least 50% ownership or another form of operational control.
E-2 is not limited to the investor. Certain employees of a treaty investor or qualifying enterprise may also qualify if they will serve in an executive or supervisory role, or possess special qualifications that make their services essential to the enterprise. An employee in this category must have the same nationality as the treaty investor or qualifying employer.
Spouses and unmarried children under 21 may accompany or follow the E-2 worker, and their nationalities do not need to match. Spouses in valid E-2 status are employment authorized incident to status and generally do not need to obtain a separate Employment Authorization Document (EAD); an unexpired Form I-94 reflecting E-2S classification is generally accepted as evidence of employment authorization.
E-2 is a nonimmigrant classification and can be renewed if the requirements continue to be met, but it does not by itself provide a direct path to permanent residence.
Did this answer your question?
Related questions
It depends on whether you are applying as a principal applicant or as a dependent.
As an E-2 principal applicant, you must hold the nationality of an eligible treaty country. Mainland China is not an E-2 treaty country, so mainland Chinese nationality alone does not meet this requirement. If you hold a qualifying treaty-country nationality, you may be eligible, subject to the other E-2 requirements.
As a dependent, you do not need treaty-country nationality. A mainland Chinese citizen may qualify for an E-2 dependent visa as the spouse or unmarried child under 21 of a qualifying E-2 principal applicant.
If neither route applies, other visa categories may be available depending on your circumstances.
Yes — your spouse and unmarried children under 21 may apply for E-2 dependent visas to accompany you or join you later. They do not need to hold treaty-country nationality.
Your spouse may generally work in the United States while maintaining valid E-2 dependent spouse status, without obtaining a separate employment authorization document. An unexpired I-94 showing E-2S status serves as evidence of employment authorization. Your spouse and children may study, but children cannot work based on E-2 dependent status.
| Spouse | Unmarried children under 21 | |
|---|---|---|
| Work | Yes, incident to status (no separate EAD) | No |
| Study | Yes | Yes |