What the E-2 treaty investor visa requires
The E-2 is a nonimmigrant visa for nationals of countries that have a qualifying treaty with the United States. You must be investing, or actively in the process of investing, a substantial amount of capital in a real, operating U.S. enterprise, and you must be coming to develop and direct it, usually shown by owning at least half of it or holding operational control. The money must be committed and at risk, and the business cannot be marginal: it needs the capacity to do more than provide a minimal living for you and your family.
There is no fixed minimum investment. The State Department weighs the amount against the total cost of buying or starting the particular business, so a consulting firm and a manufacturing plant are measured differently. What matters is that the investment is substantial for that business and shows your commitment to making it succeed.
- Nationality of a treaty country
- Substantial capital, committed and at risk
- A real, operating business that is more than marginal
- At least 50% ownership or operational control
Is your country an E-2 treaty country? The UK, Europe and francophone Africa
Eligibility follows nationality, not residence. On the State Department’s current list in the Foreign Affairs Manual, E-2 treaty countries include the United Kingdom, France, Spain, Germany, Italy, Belgium, the Netherlands, Luxembourg, Ireland, Switzerland and, since 2024, Portugal. In Africa, they include Cameroon, Senegal, Togo, the Republic of the Congo, the Democratic Republic of the Congo, Morocco, Tunisia, Egypt, Ethiopia and Liberia. In the Gulf, Bahrain and Oman appear on the list.
The fine print matters. An E-2 visa for UK investors depends on British nationality: the State Department notes that nationals of other Commonwealth countries do not qualify through the UK treaty, even if they live in London. If you hold two nationalities, the business generally qualifies through only one of them, and its E-visa employees must share it. Treaty lists change, so we confirm your status against the official list before you invest time or money.
Nigeria, Ghana, Gabon, the UAE and Qatar: when the E-2 is not available
Nigeria, Ghana, Gabon, the United Arab Emirates and Qatar do not appear on the State Department’s E-2 treaty list, and neither does Côte d’Ivoire. Their nationals cannot use the E-2 on the strength of that nationality alone. That is not the end of the road. It means the plan must rest on a different foundation, and a second nationality from a treaty country may change the answer.
The L-1 visa may let an established foreign company transfer an executive, manager or specialized-knowledge employee to a related U.S. office, even a new one, if that person has worked for the group abroad for one continuous year in the last three. The EB-5 program, open to any nationality, can lead to a green card. USCIS lists a minimum of $1,050,000, or $800,000 in a targeted employment area, and at least ten full-time jobs for qualifying workers. These figures are due for an inflation adjustment from January 1, 2027, so we confirm current amounts with you.
Building an E-2 business in Texas and across the USA
An E-2 case is really a business case. Before you file, the company should exist, the investment should be committed and the evidence should tell one consistent story: a Texas entity whose ownership meets the treaty rules, a lease or purchase agreement, a documented source and path for the funds, and a credible business plan. Because we handle company formation, contracts and business immigration under one roof, these pieces are drafted to support each other.
Whether you are buying a franchise in Texas, starting a service company elsewhere in the USA or expanding a European firm into the United States, we structure the investment so it is genuinely at risk and the plan shows more than a minimal living. If you are already in the United States in lawful status, a change of status through USCIS may be possible; otherwise, you apply through a U.S. embassy or consulate abroad.
- Texas entity and ownership aligned with the treaty rules
- Purchase, lease and franchise agreements reviewed before you commit
- Documented source and path of funds
- A business plan that answers the marginality question
Employees, family and the long view
An E-2 company can also bring employees who share its treaty nationality, if they will fill executive or supervisory roles or have special qualifications essential to the business. Your spouse and unmarried children under 21 may accompany you whatever their nationality, and an E-2 spouse is generally authorized to work incident to that status.
USCIS grants E-2 stays of up to two years at a time and sets no limit on the number of extensions, provided the business continues to qualify and you intend to depart when your status ends. The E-2 is not a green card. If permanent residence is your goal, we plan early for how a later route, such as EB-5, could fit your investment. We cannot promise approvals or timelines, but we can give you a clear, well-documented plan.
Frequently asked questions
Can I get an E-2 visa as a UK investor?
If you are a British national, yes, the United Kingdom is an E-2 treaty country. The State Department notes that the UK treaty covers British nationals only: nationals of other Commonwealth countries who live in the UK do not qualify through it. You must still invest substantial capital, at risk, in a real Texas business that you will develop and direct. We confirm your eligibility before you commit to a lease or purchase.
Which European and francophone African countries qualify for the E-2?
In Europe, the list includes France, Belgium, Luxembourg, Switzerland, Spain, Germany, Italy, the Netherlands, Ireland and, since 2024, Portugal. In francophone Africa, it includes Cameroon, Senegal, Togo, the Republic of the Congo, the Democratic Republic of the Congo, Morocco and Tunisia. Treaty lists can change, so we check your nationality against the State Department’s current list before you invest.
Can a Nigerian, Ghanaian or Gabonese investor get an E-2 visa?
Not on the basis of that nationality: Nigeria, Ghana and Gabon are not on the State Department’s E-2 treaty list, and neither are the UAE or Qatar. Depending on the facts, the L-1 may work for an established company with a U.S. affiliate, and the EB-5 program is open to every nationality. A second nationality from a treaty country can also change the analysis, so we review your full situation first.
How much do I need to invest for an E-2 visa?
There is no fixed minimum. The State Department looks at whether the amount is substantial in proportion to the total cost of buying or starting the particular business, and whether it is enough to make the business viable and show your commitment. The funds must be committed and at risk, and the business cannot be marginal. Every situation depends on its facts, so we test your numbers early.
Can my spouse work in the United States on an E-2?
Generally, yes. USCIS treats spouses in valid E-2 status as authorized to work incident to that status, so a separate work permit application is optional rather than required. Your spouse and unmarried children under 21 may accompany you, whatever their nationality.
Why work with an E-2 treaty investor visa attorney in Texas?
Because an E-2 succeeds or fails on the business behind it. As an E-2 visa lawyer in Texas, our firm handles company formation, contracts and immigration together, for clients across the USA and around the world, in English, French and Spanish. You deal directly with the lawyer who drafts your documents, and we tell you plainly when the E-2 is not the right route and what is.
Book a consultation with Kachikwu & Nama and find out whether the E-2, or a better route, fits your investment in Texas.
Book a consultationThis page provides general information, not legal advice. Every situation depends on its facts. Contacting the firm does not create an attorney-client relationship.