
E-1 and E-2 treaty visas
E-2 visa for investors and E-1 visa for traders from treaty countries. Turkish citizens: see E-2 for Turkish investors.
01
Is this the right route?
E-1 and E-2 are temporary visas for nationals of countries on the State Department's treaty list. E-1 requires substantial existing trade, more than 50% of it with your treaty country. E-2 requires a substantial, at-risk investment in an operating business you control; there is no fixed minimum. Each admission lasts up to 2 years and can be extended with no fixed limit. The E visa application fee is $315 per applicant.
Who it's for Nationals of treaty countries who trade with the U.S. or invest in and run a real U.S. business, plus their key employees and families.
Key requirements
- Nationality of a country on the treaty list
- E-1: substantial trade, over 50% with your treaty country
- E-2: a substantial, at-risk investment in an operating business
- At least 50% ownership by treaty nationals
- Intent to leave when E status ends
02
How it works
Confirm that your nationality is on the treaty list and that the business meets the 50% nationality rule.
E-2: commit the funds to the business (spent, or held in escrow) and prepare a business plan. E-1: assemble the records of your existing trade.
Abroad: complete Form DS-160 (and Form DS-156E where required), pay the $315 fee and follow the consulate's E visa instructions.
Inside the U.S., in lawful nonimmigrant status: file Form I-129 with USCIS; family members file Form I-539.
Renew while the business and the conditions continue; each admission lasts up to 2 years.
Typical times
- Build the trade record (E-1) or commit the investment (E-2)Varies: E-1 trade must already exist; E-2 funds must be committed before you apply [1]
- Consular appointment and E visa reviewVaries by consulate and season; each consulate publishes its own E visa instructions [1]
- Change of status inside the U.S. (Form I-129) with premium processing15 business days to an approval, denial or request for evidence [9]
- Visa validitySet by your country's reciprocity schedule; for Turkey, up to 60 months [5]
- Each admission in E-1 or E-2 statusUp to 2 years [2]
- Extension of stayUp to 2 years each, with no fixed limit on the number [2]
- E-2 marginality horizon5 years [2]
03
What it costs
- $315 [3]Visa application (MRV) fee, E category, per applicant
- Depends on nationality [5]Visa issuance (reciprocity) feenone for Turkey
- $1,015 paper / $965 online [8]Form I-129 for an E-1 or E-2 change of status or extension$510 for employers with 25 or fewer full-time-equivalent employees
- $600 [8]Asylum Program Fee, paid with Form I-129$300 for employers with 25 or fewer employees; $0 for nonprofits
- $2,965 [8]Premium processing (Form I-907) for an E-1 or E-2 Form I-129
- $470 paper / $420 online [8]Form I-539 for family members inside the U.S.
04
E-1 and E-2 visas: questions people ask
How much does an E-2 visa cost?
E-2 visa cost starts with the $315 visa application fee per applicant at the consulate. Inside the U.S., Form I-129 costs $1,015 on paper or $965 online plus a $600 Asylum Program Fee, and premium processing adds $2,965, as of October 2026. Merit Law LLP reviews which route applies.
Which countries qualify for the E-2 visa?
Only countries on the State Department's treaty list qualify, and some have only E-1 or only E-2. Turkey has both, E-1 since 15 February 1933 and E-2 since 18 May 1990. China (the People's Republic), India and Brazil have neither. Check the current list; an attorney reviews your nationality.
What is the difference between the E-1 and E-2 visa?
E-1 is for treaty traders and needs substantial existing trade, over 50% of it between the U.S. and your treaty country. E-2 is for treaty investors and needs a substantial, at-risk investment in a business you control. Both admit you for up to 2 years. Merit Law LLP reviews which fits.
What are the E-2 visa renewal requirements?
E-2 renewal is an extension of stay in steps of up to 2 years with no fixed limit on the number, as long as you keep qualifying and intend to leave when status ends. The business must stay more than marginal, with a 5-year horizon. An attorney reviews your records.
Can I change to E-2 status inside the U.S.?
Yes. In lawful nonimmigrant status you can file Form I-129 to change status to E-2, $1,015 on paper or $965 online. Premium processing ($2,965) gives a decision within 15 business days. A change of status is not a visa, so returning after travel needs an E visa. Merit Law LLP reviews timing.
Can an E-2 spouse work in the U.S.?
Yes. USCIS treats spouses in E-1, E-1S, E-2 or E-2S status as employment authorized incident to status; an I-94 marked E-1S or E-2S proves it for Form I-9. Children under 21 can hold E status but cannot work on it. Merit Law LLP reviews your family's documents.
05
Who handles your case
Our U.S.-licensed attorneys check your nationality, trade or investment against the State Department's rules, and decide with you between a consulate application and a USCIS change of status.

Nora Busra Turan
Partner · Attorney

Beyza Candelen
Attorney
Documents to prepare
- A passport and the Form DS-160 confirmation page for each applicant, plus Form DS-156E where the consulate requires it (all E-1 applicants and E-2 employees; some consulates also ask the E-2 investor for it).
- Proof of the owners' nationality and an ownership chart showing at least 50% treaty-country ownership.
- E-1: purchase orders, invoices, bills of lading, customs declarations, letters of credit and bank records that show the trade.
- E-2: evidence of the source of the funds, each transfer, and what was spent (invoices, leases, purchase agreements, escrow papers).
- E-2: a business plan with 5-year financial projections for a new business; tax returns and payroll records for an existing one.
- Business licenses and proof the business operates, such as a lease, utility bills and client contracts.
- For employees: a letter from the company and a CV showing executive, supervisory or essential skills.
- Certified English translations of foreign-language documents; USCIS requires them for every foreign-language document.
Common reasons for refusal or delay
- Nationality gaps. Treaty nationals own less than 50% of the company, or shares held by U.S. green-card holders are counted toward the 50%.
- E-1 trade not principal. 50% or less of the international trade is with the treaty country, or the trade has not started yet.
- E-2 marginal enterprise. Within 5 years the plan shows only a living for the investor's family.
- Funds not at risk. Uncommitted money in a bank account, or a loan secured by the business's own assets.
- Untraceable funds. Cash deposits or transfers with no records that link them to a lawful source.
- Weak employee case. A manager title in a two-person office, or skills that are readily available in the U.S.
- Substantive change without USCIS approval. A merger, an acquisition or the sale of the employing division needs a new Form I-129.
- Citizenship by investment. A person who acquired the treaty nationality through an investment and has never held E status needs 3 continuous years of domicile in that country first.
When this is not the right route
- Your country is not on the treaty list (for example China, India or Brazil): look at L-1, EB-5 or O-1.
- You want a green card: E status is temporary. Compare EB-5.
- You want a passive investment: E-2 requires an active business that you develop and direct.
- You are a Turkish citizen: the Turkey page has the Istanbul checklist and the Turkish source-of-funds documents.
Full details
Who this is for
- Investors from treaty countries who buy or start a real, operating U.S. business and will run it: the E-2 treaty investor category. Turkish citizens: see E-2 for Turkish investors.
- Individuals and companies that already carry on substantial trade in goods or services between the U.S. and their treaty country: the E-1 treaty trader category.
- Executives, supervisors and employees with essential skills who share the nationality of the treaty company that employs them.
- Spouses and unmarried children under 21, of any nationality.
Key requirements
- Treaty nationality. Your country must be on the State Department's list for E-1, E-2 or both; Turkey (E-1 since 1933, E-2 since 1990), Germany, Japan and Mexico are examples. China (the People's Republic) is on neither list. A business has the nationality of the people who own at least 50% of it.
- E-1 trade. The trade must already exist and flow continuously in numerous transactions. More than 50% of your international trade must be between the U.S. and your treaty country. Services such as banking, insurance, transport and tourism can count.
- E-2 investment. Capital you control must be at risk in a real, operating, for-profit business. The amount must be substantial in proportion to the cost of the business; there is no fixed minimum.
- E-2 marginality. Within 5 years the business must be able to earn more than a minimal living for you and your family, or make a significant economic contribution.
- Control. An E-2 investor must develop and direct the business through at least 50% ownership or operational control.
- Intent to depart. You must intend to leave the U.S. when E status ends. You do not need to keep a home abroad.
What to check with an attorney
- Whether your funds are substantial for this particular business, and whether the business is more than marginal.
- Whether more than 50% of your international trade is with your treaty country (E-1).
- Where the money came from, and whether every transfer can be documented.
- Whether to apply at a consulate or from inside the U.S., given your current status and travel plans.
- How E status fits later plans such as a green card. E-1 and E-2 do not lead directly to permanent residence.
Sources and review date
Fees and rules reviewed 16 Oct 2026. Sources below.
Official sources:
- 9 FAM 402.9: Treaty traders and investors (U.S. Department of State)
- 8 CFR 214.2(e): Treaty traders and investors (eCFR)
- 22 CFR 22.1: Schedule of fees for consular services (eCFR)
- State Department: Treaty countries
- State Department: Türkiye visa reciprocity schedule
- USCIS: E-1 Treaty Traders
- USCIS: E-2 Treaty Investors
- USCIS: G-1055 Fee Schedule
- USCIS: How do I request premium processing?
- Public Law 117-263, sec. 5902: E visas and nationality acquired by investment
- 8 CFR 103.2(b)(3): Translations (eCFR)
What changed: added the short answer, 2026 government fees, timelines, documents, risks and the rule for citizenship by investment; Turkey-specific details moved to the new Turkey page.
Which visa fits your employee or your investment?
Eleven U.S. visa and green-card paths, narrowed by a few questions about your employee or your investment.
Find the right routeTrade with or invest in a U.S. business? Check your E-1 or E-2 route.
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