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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.

  • $315Visa application fee per applicant [3]
  • Up to 2 yearsEach admission, renewable with no fixed limit [2]
  • No fixed minimumE-2 investment, as long as it is substantial and at risk

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

  1. Confirm that your nationality is on the treaty list and that the business meets the 50% nationality rule.

  2. 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.

  3. Abroad: complete Form DS-160 (and Form DS-156E where required), pay the $315 fee and follow the consulate's E visa instructions.

  4. Inside the U.S., in lawful nonimmigrant status: file Form I-129 with USCIS; family members file Form I-539.

  5. 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]

Note 1

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.

Note 2

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.

  • Portrait of Nora Busra Turan

    Nora Busra Turan

    Partner · Attorney

  • Portrait of Beyza Candelen

    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

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 route

Trade with or invest in a U.S. business? Check your E-1 or E-2 route.

Monday to Friday, 8:00 a.m. to 5:00 p.m., office local time. We reply in English, Turkish and Chinese.

Notes

  1. Government times are typical, per the cited sources. The firm does not control consular or USCIS timelines. ↑
  2. Government fees (22 CFR 22.1; USCIS fee schedule, edition 16 October 2026). Fees change, so check them before you pay. Attorney fees are quoted after a first conversation. ↑
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