Frequently Asked Questions

Here are the most common questions applicants ask about the E-2 visa process, eligibility, and benefits.

• What qualifies as a "substantial" investment for an E-2 visa?
  There is no fixed minimum amount, but "substantial" generally means the investment must be sufficient to ensure the successful operation of the enterprise. The amount is relative to the total cost of the business or the industry standard. For smaller businesses, investments of $100,000-$150,000 may be sufficient, while larger enterprises might require $200,000+. The investment must also be at risk with no guaranteed return and must be irrevocably committed to the business.
• Can I apply for a green card while on an E-2 visa?
  Yes, you can apply for a green card while on an E-2 visa, but you must maintain your intent to depart the U.S. when your E-2 status ends. Unlike H-1B and L-1 visas, E-2 visas do not officially recognize "dual intent." However, in practice, many E-2 visa holders do successfully apply for green cards through family-based petitions, employment-based categories (like EB-1, EB-2, or EB-5), or other pathways without issue.
• How long can I stay in the U.S. on an E-2 visa?
  The initial E-2 visa is typically valid for 2-5 years, depending on your country of citizenship (based on reciprocity agreements). However, E-2 status can be renewed indefinitely as long as the business continues to operate successfully and you maintain the qualifying investment. Each extension is usually granted for 2-5 years. There is no maximum limit on the number of extensions or total time you can spend in E-2 status.
• Can my spouse work in the U.S. while I have an E-2 visa?
  Yes, spouses of E-2 visa holders are eligible to apply for work authorization in the United States. Once approved, they can work for any employer or be self-employed. Children under 21 can attend school but cannot work unless they qualify for a different visa category on their own.
• What types of businesses qualify for an E-2 visa?
  Almost any legitimate, for-profit business can qualify for an E-2 visa, including retail stores, restaurants, professional services firms, manufacturing companies, franchises, and tech startups. The business must be a real, active commercial enterprise that is not marginal (meaning it has the capacity to generate significantly more income than just to support the investor and family). Passive investments like real estate holdings without active management generally do not qualify.
• What happens to my E-2 visa if I sell my business?
  If you sell your business, you would no longer qualify for E-2 status since you would no longer have a qualifying investment. Your E-2 visa would become invalid, and you would need to either leave the U.S., invest in another qualifying business, or change to another visa status. If you plan to sell your business, it's advisable to consult with an immigration attorney well in advance to explore your options.