Work Permit- E2 Visa – USA

The E-2 visa is a non-immigrant USA visa in the United States that lets people from countries with which the U.S. has a trade treaty enter and work in the U.S. by investing in a U.S. business. Here’s a detailed overview:

Eligibility Requirements:

  • Treaty Country: The applicant must be a national of a country that has a qualifying treaty with the U.S. The list of treaty countries is maintained by the U.S. Department of State.
  • Investment: The applicant must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the U.S. The investment must be at risk and committed to the business.
  • Real and Operating Enterprise: The business must be a real and active commercial or entrepreneurial undertaking producing goods or services for profit.
  • Substantial Investment: The investment must be substantial in relation to the total cost of purchasing or establishing the enterprise. It should be sufficient to ensure the applicant’s financial commitment to the success of the enterprise.
  • Marginality: The enterprise must generate more than enough income to provide a minimal living for the investor and their family or have a significant economic impact in the U.S.
  • Intent to Depart: The applicant must intend to depart the U.S. when their E-2 status ends.

Duration and Extensions:

  • Initial Stay: Up to 2 years.
  • Extensions: Unlimited extensions in increments of up to 2 years, as long as the business continues to operate and meet E-2 visa requirements.

Family Members:

  • Spouse and Children: Spouses and unmarried children under 21 years of age can accompany the principal visa holder under E-2 dependent visas.

Benefits of E-2 Visa:

  • Work Authorization: The visa holder can work legally in the U.S. for the E-2 enterprise.
  • Dependents: Spouses can work, and children can attend school in the U.S.
  • Renewability: The visa can be renewed indefinitely as long as the business remains viable.


  • No Path to Permanent Residency: The E-2 visa does not directly lead to a green card. However, visa holders can explore other immigrant visa options if they wish to pursue permanent residency.
  • Substantial Investment Requirement: There is no fixed minimum investment amount, but it must be substantial relative to the business and sufficient to ensure the investor’s commitment.
  • Intent to Depart: Applicants must demonstrate that they intend to leave the U.S. when their E-2 status ends.

E-2 Visa vs. EB-5 Investor Visa:

  • Investment Amount: E-2 requires a substantial investment, but the amount is not fixed, while EB-5 requires a minimum investment.
  • Permanent Residency: EB-5 leads to a green card, whereas E-2 does not.
  • Country of Origin: E-2 is only available to nationals of treaty countries; EB-5 is available to all.

After all, the E-2 visa is an attractive option for foreign investors from treaty countries looking to invest in and operate a business in the U.S. Its benefits include the ability to live and work in the U.S., bring family members, and renew the visa indefinitely, provided the business remains viable. However, it requires a substantial investment and does not provide a direct path to permanent residency.

Our firm fee including the business plan is $8,000 Canadian.

YA Law Corporation

504-938 Howe Street
Vancouver, BC V6Z 1N9
Tel: 604.620.9598 | Fax: 604.620.9597