How to Get a US E-2 Visa: The Ultimate Guide

For most people, the idea of creating a passport portfolio is just about as foreign – alien even – as the countries where they could gain a second citizenship.

But for more and more internationally-oriented Nomad Capitalists, collecting multiple passports is key to establishing citizenship insurance and opening up business, investment and travel opportunities around the world.

Successfully negotiating the many ways to obtain a second passport, as well as how to access residence programs that allow you to live, work and invest in certain countries. 

In many cases, the goal of these citizenship programs is the passport itself. Other times, the citizenship or residence program is merely a tool needed to do business in a certain region of the world, access banking and investment opportunities in countries that offer higher yields, establish tax residence in a low- or zero-tax jurisdiction or simply live and spend time in a new country.

Most Nomad Capitalist clients are leaving the United States for opportunities overseas, sometimes even renouncing their US citizenship after building a solid passport portfolio. 

However, many falsely believe that renouncing citizenship also means giving up their ability to invest, do business, or even visit the United States. 

Thanks to the E-2 Visa, this doesn’t have to be the case.

Unlike some countries that offer citizenship to individuals who make a large enough investment in the country, the US will take your business and investment dollars and, in return, do you the favour of not making you a resident or citizen.

As you probably already know, the US has high taxes and is one of the only countries in the world that taxes based on citizenship. So, no matter where you go, you will always have to report and pay taxes to the US government. 

This means that for high-net-worth individuals looking to invest in the United States, being or becoming a US citizen can actually be a liability.

Enter the E-2 visa.

Officially known as the E-2 Treaty Investor Visa, it allows certain foreign investors to circumvent citizenship-based taxation and many (but not all) US reporting requirements. It does this by granting investors a non-immigrant visa that never leads to a Green Card or US citizenship.

It will, however, allow the applicant to live in the US for part of the year as well as invest and do business in the country.

It’s an attractive program for many reasons. Most notably, it’s an especially good opportunity for US entrepreneurs who want to renounce their citizenship and all the obligations that come with it without losing the privilege of spending time and doing business in the US.

So, if you want to renounce but still have business interests in the US, consider adding an E-2 Treaty country to your passport portfolio.

In this article, we’ll walk you through how to do exactly that. Here’s what we’ll cover below:

• What is the E-2 Investor Visa?
• How to Get an E-2 Treaty Investor Visa
• The Step-by-Step E-2 Visa Application Process
• The Pros of the E-2 Visa
• The Cons of the E-2 Visa
• Is the US E-2 Visa for You?

The US E-2 Investor Visa

When doing business abroad, paying US taxes and dealing with the rusty American bureaucratic machine can become a huge waste of time and money.

Many entrepreneurs would rather not deal with the stress, paperwork or taxes.

But what happens if you still run a business in the US or plan to open one there in the future? 

Treaty trader visas or treaty investor visas, like the E-1 and E-2 visas, are usually your best options. This article focuses on the E-2 visa because it’s open to a wider variety of entrepreneurs.

The E-2 Treaty Investor Visa allows an investor to live and do business in the US in exchange for a ‘significant investment’ made to the country’s economy. 

Technically, there are no restrictions on the type of business you can purchase or start as an E-2 visa applicant. And you can often get away with making a much smaller initial investment than you might with other programs like the EB-5 immigrant visa. 

Lower costs and requirements are yet another reason the E-2 visa is often preferred.

That being said, the visa does require an active effort on your part. The E-2 visa is designed for those who have active business interests in the US that require their presence. 

But you will want to be careful of how much time you spend in the US actively managing your business.

While it is a non-immigrant visa (which means you’ll never get a passport or Green Card, so only your US income will be taxed), in some cases, you may end up being taxed on your worldwide income anyway if you exceed the Substantial Presence Test limit.

What Are E-2 Countries?

In order to apply for an E-2 visa, you must hold citizenship in a country that has signed an E-2 Treaty with the US, also known as a commerce and navigation treaty. 

Plenty of these countries have programs that will lead to citizenship, whether it’s through citizenship by investment (CBI), residence by investment, citizenship by descent, marriage or some other means.

But when it comes to the E-2 visa, not all citizenship programs are created equal.

Each country has a different agreement with the US, resulting in variations in the allowed duration of stay, renewal options and the number of renewals permitted.

One of the strongest options is a Grenada passport, which would allow you to stay in the US for five years under the E-2 visa. It would also grant you the opportunity to renew the E-2 visa as many times as you’d like. 

In theory, if you are an American, you could obtain citizenship in Grenada through investment in a few months and relinquish your US citizenship. 

As a Grenadian citizen, you could then apply for an E-2 visa, granting you the ability to conduct your business endeavours in the US indefinitely without being subject to US income tax on your global earnings.

However, be aware that not all citizenship-by-investment programs are worth the effort. Of the Caribbean countries with CBI programs, only Grenada has an E-2 visa agreement with the US.

Citizenship to Grenada will cost you a US$235,000 donation. This is not the most expensive option out there, but also not the cheapest. 

In contrast, countries like Armenia or Bangladesh offer less favourable terms, granting only three months in the US and two renewals.  These options may not be suitable for those seeking long-term US residency.

For a comprehensive list of E-2 countries, refer to the State Department Website.

Don’t Forget Citizenship By Descent

If you decide to work with a company that basically sells passports, they’re going to get you to shell out tens of thousands of dollars for citizenship to one of the E-2 countries. 

In doing so, they won’t think about your other options or how that citizenship fits into your holistic offshore plan and passport portfolio.

Nomad Capitalist is a lot more strategic than that. Once we delve into your family background, we might find that you’re already entitled to citizenship by descent to one of the E-2 countries through one of your parents or grandparents.

Obtaining citizenship by descent will cost you a fraction of what you would pay for citizenship by investment. The paperwork can be much more extensive, though, and the wait time is unpredictable. In some cases, you might have your second passport in a few months… or a few years.

For that reason, we have set up a service that can walk you through the entire process and handle all the bureaucracy.

How to Get an E-2 Visa

One of the unique characteristics of the E-2 visa application is that not all of its requirements are strictly defined. 

This flexibility allows a broader range of entrepreneurs to apply, but it also introduces an element of uncertainty in the application process. 

Luckily, we’ve been helping entrepreneurs apply for this visa for years, so we have plenty of insights that should provide you with more clarity. 

Let’s delve into some of the requirements for this visa.

General Requirements

The main requirement for this visa is, of course, to hold a passport from an E-2 Treaty country. 

The second requirement is to invest a substantial amount of capital in a business enterprise in the US. 

The United States Citizenship and Immigration Services (USCIS) isn’t exactly clear about the exact dollar amount they require. 

They do, however, give a few guidelines to help you determine how much you should invest. Mainly, the amount should be enough to demonstrate your financial commitment to the business endeavour. 

Basically, your investment should show that if the business fails, you’re going to feel the sting and, therefore, have the incentive to make the enterprise financially viable. The invested amount must also be enough to show that you will ‘successfully develop and direct the enterprise’.

While there’s no official minimum investment, in our experience working with investors, US$200,000 seems to be the magic number for this visa. 

But ultimately, it depends on what kind of business you’re starting. If you’re launching a startup, you might need more as you’d need to have enough to cover the cost of launching a new enterprise. 

Third, your reason for entering the US must be to ‘develop and direct the investment enterprise’.

To establish your commitment to your investment, you must prove that you hold at least a 50% ownership stake in the business or demonstrate that you have significant operational control of the business.

Unlike some investment visa programs that allow for philanthropic investments, the E-2 visa requires that your investment be made in a for-profit business with the intention of generating a profit or the potential for financial loss should the enterprise fail.

In addition, the business you’re launching should ideally provide employment for US citizens. 

On top of that, you must prove that the business will generate enough to sustain you and your family.

The enterprise doesn’t necessarily have to generate that income at the time of investment, but it should be able to generate enough within five years.

Finally, your business should boast a profit margin beyond just covering your living expenses. The USCIS wants to see that your enterprise can provide an economic benefit to the US. 

If you can do all that, you may just qualify for the E-2 Investor Visa.

E-2 For Employees

If you want to bring employees with you to the US to work in your enterprise, the E-2 visa process can cover them as well. 

However, any employee who wants to simultaneously apply for an E-2 visa must be of the same nationality as you, the investor. 

In addition, an employee brought with you on an E-2 visa must serve in a supervisory or executive role within the company or hold special qualifications that make them essential to the operation. 

In essence, you must showcase that they possess skills not readily available among American workers.

Other Business Interests

Can you engage in other business interests while in the US on an E-2 Visa?

Basically, no. 

Under an E-2 visa, you are only able to work within your approved enterprise. The situation is slightly different for employees who are potentially permitted to work for subsidiaries or the parent company of the original enterprise.

If you’re an American entrepreneur considering renouncing your US citizenship and already have a successful business venture in the US, keep in mind that your standing business venture may already qualify you for an E-2 visa.

American E-2 Visa Requirements: The Step-by-Step Application Process

The first step in applying for the E-2 visa is to fill out the non-immigrant visa form, also known as the DS-160. You can do this online by uploading a passport photo. You’ll also be required to pay the application fee and print the receipt for later use.

When you complete the online application, you will receive a digital confirmation email. Print this page out and bring it with you to your visa interview at the American embassy or consulate. 

The confirmation page should have a barcode, which the immigration official will use to locate your application when you visit.

The next step is to contact your nearest US consulate or embassy to schedule an interview. Each particular embassy/consulate may have additional application requirements, so check with them for a more detailed understanding of which documents to bring with you.

In some cases, you will also need to print and fill out the Nonimmigrant Treaty Trader/Treaty Investor Application, which allows you to explain your investment and business plan before your interview.

1. Gather Your Documents

When filling out Form DS-160 online, you will need to include details about your passport, travel itinerary, dates of your five previous trips to the US and any previous US visa applications.

If you’re a former US citizen, gathering the dates of your previous five trips to the United States may be difficult. In such a case, a professional can help you determine how to handle it.

You will also need to provide a copy of your latest resume or CV, which should demonstrate your business experience. 

You will need to prove that you own at least a 50% share in the business venture and provide a business plan.

The documents needed for your visa interview will vary depending on the consulate you are applying from and your nationality. The immigration official also reserves the right to request any additional documents they may deem necessary.

The general documents everyone needs at the interview are a passport, the confirmation of your non-immigrant visa application, the actual nonimmigrant Treaty Investor Application and the application fee receipt.

In addition, you must be able to provide evidence of both the funds and their origin. This is a standard requirement for the majority of investment visa programs, as no nation desires to welcome shady operations or those with no backing. 

Unlike some countries that do not permit investors to use funds that were inherited towards their investment, your investment funds can come from inheritance, lottery winnings, gifts and basically anywhere so long as the money was not obtained illicitly.

Finally, you may also need to provide documents that prove your intention to leave the United States once your visa expires, as well as your ability to cover the cost of your trip.

2. Attend the Visa Interview

At the interview, the immigration official will determine whether you are a good fit for an E-2 visa. They may request more documents or indicate that your application needs additional administrative processing. 

If this is the case, any issues will usually be resolved within 60 days.

Be sure to triple-check your application before submitting it and making your appointment for an interview. 

If you made any mistakes when filling out your application, you may be asked to leave, try again and schedule another appointment. This is an immense frustration and a waste of time. 

Trust us, you do not want to go through security at an American consulate or embassy more than you absolutely have to.

While there’s no saying how long the US bureaucrats will keep you waiting, if all goes well, the interview itself should only take a few minutes. 

If your spouse and children over the age of 14 are applying as well, they will also need to come with you to the consulate or embassy for an interview at the same time. 

Your embassy/consulate may require them to sit for an interview as well, which can cause abundant scheduling problems.

3. Being Approved for an E-2 Visa

If your application is approved on the spot, you’ll be fingerprinted and asked to leave your passport at the consulate/embassy, as will your spouse or children’s passports. 

Once you’re done with your fingerprints, there is an additional fee to pay that covers the visa costs. 

After you’ve paid, the immigration official will inform you whether you need to collect your passport and visa in person or if it will be delivered to you.

Visa approval is not a golden ticket to the US as it does not technically guarantee your admittance to the US. Once you arrive, you can still be rejected at the port of entry by a US Customs and Border Protection (CBP) official. 

The vast majority of the time, you won’t have too much to worry about, though, as long as you don’t bring with you any agricultural goods or any other banned items.

If you are allowed entry, your passport will be stamped, which means your visa period has begun. Unless you apply to extend your stay, staying in the US beyond your visa period can result in serious consequences, including ineligibility for future visas.

The Pros of the E-2 Investor Visa

The E-2 Investors visa is a solid option for those who want to do business in the US, especially for those with no interest in US citizenship and its tax burdens. Let’s take a look at some of the more specific benefits.

Fast Processing Time

You might imagine that applying for anything in the US would take years to process, but that’s not always the case. 

While the popular EB-5 Immigrant visa for investors can take a few years to process, the E-2 visa only takes a few months.

More Control Over Your Investment

While the E-2 visa does require a lot more work on your part as far as the business goes, it gives you much greater control over your investment. 

In comparison, for both the Canadian Federal Investor Visa Program and the American EB-5 immigrant visa, you must release your funds to be invested by a third party. Not only are you not guaranteed that you’ll ever see that money again, but you may be required to invest upwards of US$1 million to qualify. 

The E-2 investor visa usually requires a smaller investment and you can control your money. You can decide if you will make money on your investment.

Bring the Whole Family

For Nomad Capitalists with families, the E-2 visa will include your family. Your spouse and any unmarried children under the age of 21 will be permitted to join you when you relocate to the US. 

Your spouse may then apply for work authorisation. If granted, there will be no restrictions on where your spouse can work. 

Your children will also be able to attend school in the US. If they go to a state college, they’ll be eligible for in-state tuition.

Travel Flexibility

One of the biggest benefits of the E-2 visa over the EB-5 program is travel flexibility. 

For Nomad Capitalists, the need to travel internationally for pleasure or to follow up on other business interests makes many investment visa programs impractical. 

Since the E-2 is a non-immigrant visa and you will never be applying for citizenship, you don’t have to meet stringent presence requirements.

In fact, to avoid being taxed on your worldwide income, you’ll need to be out of the US for 245 days of the year.

The Cons of the E-2 Investor Visa

While the E-2 visa might be a smart option for certain entrepreneurs, it does have potential drawbacks.

Working is Required

As mentioned, some visa programs allow you to make a passive investment or even a donation to a non-profit in exchange for the right to live in your country of choice. This is not the case with the E-2 investment visa.

You will need to actually work in the US and prove that you are doing so. This means that you will have US income, which will be subject to tax. It also means that it’s not the right option for those seeking a relaxing beach vacation.

No Path to Citizenship

Though it may be a benefit for some, this visa does not present a clear path to citizenship. 

If your intention is to eventually become a US citizen, look into other options, like the EB-5 immigrant visa. The E-2 visa is best for those who travel often, have business interests elsewhere and want to avoid pesky US tax laws as much as possible.

Renewal Fees

While the legal fees for the E-2 visa tend to be lower than for the EB-5 visa, you will have to renew the E-2 visa every few years, depending on which E-2 country you hold citizenship to.

Not Suited to Every Business

The E-2 visa is geared more towards domestic businesses. If you’re looking to undertake an imports/exports enterprise, you should check out the E-1 Treaty Trader visa instead.

How to Get a US E-2 Visa: FAQs

Is the US E-2 Visa for You?

While dealing with the bureaucracy of US immigration is rarely pleasant, the E-2 visa process is generally more straightforward than some other options available. That’s largely because the E-2 visa is a non-immigrant visa. 

For those who dream of US citizenship, this is probably not the visa option for you. However, if you’re an American who decided to renounce citizenship or you already hold a stronger passport and simply want to do business in the US, the E-2 visa could be a good option.

The E-2 visa application is not the most rigorous or costly, but it does require careful planning. In addition, there may be other options that allow you access to the United States without undergoing a business investment or employment. 

If your long-term goal is tax minimisation, options like Canadian citizenship or New Zealand citizenship may be better.

Rest assured that at Nomad Capitalist, we’ve helped plenty of entrepreneurs through this process. Actually, some of us have even been through similar processes ourselves. 

If you’re trying to determine the best second passport for you or want to know more specifics on how to get an E-2 visa, feel free to reach out.