Business Immigration · E-2 treaty investor
E‑2 investor visas for founders from treaty countries, including North and West Africa
The E-2 lets a national of a treaty country live in the U.S. to develop and direct a business they have invested substantial capital in. It is renewable as long as the business operates, and the spouse may work. Eligibility starts with nationality, and the treaty list surprises many founders. Morocco, Senegal, Egypt, Tunisia and Cameroon qualify for E-2. Nigeria, Ghana and Kenya do not.
What our E-2 service covers
- Nationality, ownership and investment review.
- Business-plan review against the E-2 standards.
- Source-of-funds and path-of-funds documentation.
- The DS-160 and the consulate's E-2 application package, or Form I-129 for a change of status in the U.S.
- Interview preparation.
Is your country a treaty country?
| Country | E-1 (trader) | E-2 (investor) |
|---|---|---|
| Morocco | No | Yes |
| Senegal | No | Yes |
| Egypt | No | Yes |
| Tunisia | No | Yes |
| Cameroon | No | Yes |
| Togo | Yes | Yes |
| Liberia | Yes | Yes |
| Nigeria | No | No |
| Ghana | No | No |
| Kenya | No | No |
Source: the State Department's treaty countries table. Confirm on the day of filing. Founders from non-treaty countries often look at the O-1A or the L-1 new office. Visa validity and fees vary by country under the reciprocity schedule.
Investment and business requirements
Under 8 CFR 214.2(e)) and the State Department's rule at 22 CFR 41.51, the investor must show:
- Treaty nationality of the investor, and at least 50% ownership of the business by treaty nationals.
- A substantial investment, irrevocably committed and at risk, proportional to the cost of the business. There is no fixed minimum.
- A real, operating enterprise, not a passive investment such as land or stocks.
- A business that is not marginal: it must have the capacity to generate more than a minimal living for the investor and family.
- Control: the investor develops and directs the business.
- Intent to depart when E-2 status ends.
Consulate or change of status
Most E-2 investors apply at a U.S. consulate, where the visa can be issued for the period the reciprocity schedule allows. Investors already in the U.S. in another status can file Form I-129 for a change of status. That gives E-2 status but not a visa stamp, so travel requires a consular visa later. Admission in E-2 status is generally for two years at a time, renewable while the business qualifies.
Government fees
| Item | Fee | Paid to |
|---|---|---|
| E visa application (MRV) | $315 | Department of State |
| Form I-129, E classification (change of status only) | $1,015 (paper) / $965 (online) | USCIS |
| Premium processing for the I-129, optional | $2,965 | USCIS |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Reciprocity fees may also apply depending on nationality. See the State Department fee page and the G-1055.
Pairing the E-2 with a Delaware company
Most E-2 founders form a U.S. entity first and fund it from abroad. The ownership records, bank trail and lease become E-2 evidence, so set them up with the visa in mind. See our Delaware C-corp formation for foreign founders.
If the E-2 is refused or delayed
Consular refusals and USCIS denials follow different review rules. See E-2 denial options, consular refusal review and visa administrative processing delays.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
DC Federal Litigation PLLC works from its Washington, DC office on the strategy and on any federal-court action. If the agency sits on your case or denies it on grounds the regulation does not support, the litigation stays with the firm. You are told in writing, before any work begins, who does what on your matter and how the fee is shared.
Frequently asked questions
How much do I need to invest for an E-2?
There is no fixed minimum. The investment must be substantial in proportion to the cost of the business, committed and at risk. A lower-cost business needs a higher percentage of its cost invested. We review the budget against the business plan.
Can a Nigerian, Ghanaian or Kenyan founder get an E-2?
Not on their own nationality, because those countries are not on the E-2 treaty list. A founder with a second nationality from a treaty country may qualify on that nationality. Otherwise, consider O-1A, L-1 new office, or EB-2 NIW.
Can my spouse work on E-2?
Yes. Spouses of E-2 investors are authorized to work incident to status. Children under 21 can study but not work.
Does the E-2 lead to a green card?
Not directly. It is a nonimmigrant visa and requires intent to depart. Many E-2 investors later qualify through EB-1C, EB-2 NIW or EB-1A as the business grows.
Can I use borrowed money?
Loans secured by the business's own assets generally do not count. Personal loans secured by your own assets can. Source and path of funds must be documented in either case.
Can my E-2 company hire employees on E-2 visas?
Yes. Employees who share the company's treaty nationality and fill executive, supervisory or essential-skill roles may qualify for E-2 employee status.
Check your treaty eligibility and investment before you sign a lease
Book a paid consultation. We review your nationality, the business plan and the funding trail. If you engage the firm within 30 days, your consultation fee is credited in full toward your initial retainer.