E-2 Investor Visa FAQs 2025: Processing Time, Investment and Status Options

Index

• Most Frequently Asked Questions About the E-2 Investor Visa in 2025

In 2025 we are bringing together the questions we hear most often from people who want to start a business in the United States with an E-2 investor visa. We address core issues like “How long does the E-2 process take,” whether a change of status or a consular E-2 visa is more strategic, when it makes sense to apply for an E-2 visa and what risks you are really taking in each path.

Most Frequently Asked Questions About the E-2 Investor Visa in 2025

1. What is the E-2 investor visa and who can qualify?

The E-2 investor visa lets citizens of treaty countries invest in a real business in the United States and live in the U.S. to manage and grow that business.

The business must be a genuine commercial enterprise with the potential to generate profit, not a passive investment. The money you invest has to be substantial in light of the type of business you are launching. In most cases you are expected to own at least 50 percent of the company or to be in a position that gives you clear control over management and decision making. That way your file shows you not only as the person putting in the money but also as the person who will actually run the business.

For a full overview of the E-2 requirements and the step by step process, you can also review our guide “What Is the E-2 Investor Visa and How Does It Work?”

2. What is the difference between an E-2 visa and E-2 status?

The E-2 visa is the stamp you get in your passport from a U.S. consulate. It gives you permission to board a plane to the United States and ask to be admitted as an E-2 investor at the border. Once you land and go through passport control, officers decide how long you can stay and admit you in E-2 status.

“Status” is what controls how long you are allowed to remain in the United States and what activity you are authorized to do while you are here. When you leave the United States, your current period of status ends. If your E-2 visa in your passport is still valid, you can come back again and you will usually be given a new two-year period of E-2 status on each entry.

If you have never gone to a consulate for an E-2 visa and you only obtained E-2 by filing a change of status from inside the United States, you do not have an E-2 visa in your passport. The first time you leave the country, you will have to apply for an E-2 visa at a consulate before you can return as an E-2 investor. This is the key practical difference between “visa” and “status.”

3. Is it better to get an E-2 visa at a consulate or file an E-2 change of status in the United States?

Which option makes more sense will depend on your goals and how comfortable you are with risk. If you qualify for an E-2 visa at a U.S. consulate, you gain freedom to travel. You can go back and forth between the United States and other countries and reenter as long as your visa remains valid. The tradeoff is that you have to go through the consular process, where no approval is ever guaranteed. You may face administrative processing that leaves you waiting for months with very little information, and consular officers tend to be stricter when the investment amount is on the lower side.

An E-2 change of status filed with USCIS inside the United States can sometimes be approved with a lower investment, especially if the business model is lean and your documentation is strong. You complete the process without leaving the country, so you can temporarily set aside the question “If I leave now, will I actually get an E-2 visa at the consulate.” The drawback is straightforward: the moment you leave the United States, your E-2 status ends, and you must then obtain an E-2 visa abroad to be able to come back in E-2 status.

For many of our clients, a sensible path is to first obtain E-2 status from inside the United States, use that time to get the business off the ground and show real activity, then later apply for an E-2 visa at a consulate with a stronger track record and higher comfort level on the numbers.

4. How much do I need to invest for an E-2 visa, and is an E-2 possible with an investment in the 15-50 thousand dollar range?

There is no official minimum dollar amount in the E-2 regulations. The law speaks in terms of a “substantial investment,” which means an amount that is substantial in relation to the total cost of starting or buying that specific business. For that reason it is not accurate to say that the minimum investment for an E-2 visa is the same fixed number for every case.

The way officers look at this is fairly straightforward: take the business you have in mind and ask what it realistically costs to bring that business to the point where you can open the doors and serve your first customer. Whatever that number is, your investment is generally expected to reach that level.

In some consulting or online service businesses, a 20-30 thousand dollar investment can be reasonable if it truly covers everything you need to start operating. In sectors like restaurants, cafés or production, rent, build-out, equipment and initial staffing push the realistic starting point much higher, and projects under 100 thousand dollars often become harder to defend.

With very low investments, the main concern is that the business will end up being “marginal,” meaning that five years from now it only barely supports you and never creates local jobs. A well-built business plan and realistic five-year income and expense forecasts can still carry a lean investment in the right model, but the lower you push the dollar amount the more work you have to do to persuade the officer that the business can grow and hire.

If you want to see the current 2025 investment ranges for E-2 and EB-5, and a side-by-side comparison of what “substantial investment” means in each, take a look at our article “EB-5 Green Card or E-2 Investor Visa?” That report also explains source of funds documentation in detail.

5. Where can my E-2 investment funds come from, and can loans, money from family or friends and attorney fees count as investment?

For E-2 purposes, the key is that your money is legal and traceable. You can document money from the sale of a home, inheritance, salary savings over the years or business profits, as long as you have bank records and supporting documents that tell a clear story.

You can also use bank loans, but in most cases the collateral for that loan must be your personal asset, not the very business you are buying. A typical example is a loan secured by a mortgage on your own home.

Money that your family or friends give you with no expectation that you will pay it back can also be part of your E-2 investment. In that case it helps to have a short letter explaining that the money does not need to be repaid, and the person who gave you the money needs to document the lawful source of those funds.

In a narrow set of cases, part of the legal fees can also be treated as investment, but only when the legal work clearly benefits the company itself and can be framed as an expense that helps set up and grow the business. Whether that is appropriate is very fact specific, so each case has to be built carefully and each expense linked to what the company actually needs.

6. How important are the business plan and five-year financial plan in an E-2 case?

The business plan is the backbone of your E-2 file. Bank records, lease agreements and franchise contracts mostly describe where you are today. The business plan and the five-year financial plan inside it tell the officer where this business is going.

Through that document, immigration officers learn who your target customers are, who your competitors will be, how you will price your services or products, how you plan to grow the business and when you expect to start creating jobs in the United States.

The five-year financial projections table shows your expected revenue and expense categories, cash flow and profit levels. Nobody expects you to be a fortune teller, but they do want a sensible answer to a basic question: five years from now, is this still, for example, a tiny shop that barely supports one person, or is it on track to be a tax-paying business that employs people and grows.

For lower investment cases in particular, a solid, realistic and well-written business plan becomes just as important as the dollar amount you are putting in.

7. From which statuses (B1/B2, F-1, J-1, OPT, etc.) can I move to E-2, and what is the J-1 “two-year rule”?

It is possible to move into E-2 status from many different nonimmigrant categories as long as certain conditions are met. If you are in valid status and have not violated the terms of that status, you can usually file an E-2 change of status from inside the United States from categories like B1/B2 visitor, F-1 student, J-1 exchange visitor, H-1B or O-1.

For J-1 holders there is a special issue called the “two-year home residency requirement.” Some J-1 programs carry a condition that after you finish the program you must spend a total of two years in your home country or obtain a formal waiver of that requirement before you can change to certain other statuses in the United States. If you are subject to this rule, you cannot change from J-1 to E-2 inside the United States unless the rule is waived, although you may still travel to your home country and apply directly for an E-2 visa at a consulate.

For students and those working on OPT, it is even possible in some situations to file an E-2 change of status during the 60-day grace period after your OPT ends. Timing, investment steps and the way you document your activities become very important in those cases, so the strategy has to be planned with care.

8. How long does the E-2 process take and what is premium processing?

There is no universal E-2 processing time. In real life you have to look at two pieces: the time it takes you to get the file ready and the time the government takes to review it.

On the preparation side, you need time to set up the company, open a bank account, sign a lease if needed, purchase initial equipment, draft the business plan and gather source of funds documentation. For most investors, reaching a truly “ready to file” package takes at least several weeks, and often a few months.

If you are filing an E-2 change of status with USCIS, regular processing can take several months. With premium processing, you pay an additional filing fee and USCIS commits to take action within 15 business days. If they issue a Request for Evidence, that 15-day clock stops and then restarts after you respond.

If you are applying for an E-2 visa at a consulate, the realistic timing depends heavily on how quickly you can get a visa appointment and whether your case is sent into administrative processing. In some posts the review of the file itself may be relatively fast, yet you may still wait weeks or months just to be scheduled for the interview.

This is why the answer to “How long does an E-2 take” depends not only on the government side but also on how quickly you can move through the preparation steps and which path you choose.

9. How long is an E-2 visa or status valid, how do I extend it and how long can I stay in the United States?

It helps to separate visa validity from status validity. For many E-2 applicants, the visa is issued for a multi-year period. As long as the visa is valid, each time you enter the United States the officer at the airport normally grants you up to two years of E-2 status. If you leave and come back again before your visa expires, you get a fresh period of status on that entry.

If you are not able or willing to travel, or your visa has expired, you can instead file an E-2 extension of status with USCIS before your current status end date. A timely filed extension request, with proper evidence, allows you to keep working in the business for a defined period while the case is pending.

In theory, as long as the business remains active and you can justify the extension every two years with updated financials and operations, it is possible to stay in the United States in E-2 status for many years. It is not automatic though. Every two-year period is a new opportunity for the government to check whether you are still meeting the E-2 requirements.

10. Can my family (spouse and children) come to the United States with me on E-2; can they work and study?

Yes. The spouse and unmarried children under 21 of an E-2 investor can come to the United States as E-2 dependents.

Your spouse can apply for work authorization after E-2 status is approved and, once the work card is issued, can work for almost any employer in the United States. This often makes a significant difference in the family’s financial picture.

Your children can attend public schools and continue their education. Once a child turns 21, however, they can no longer remain simply as your E-2 dependent and must move into their own status such as F-1 student if they qualify.

If you obtained E-2 by change of status inside the United States and your spouse and children are in Turkey, they can apply directly at the consulate for E-2 dependent visas and use your approval notice to complete family reunification.

11. Can I qualify for E-2 if my business is fully online or home-based, or if I buy a franchise?

You are no longer required in every case to rent a traditional office just to qualify for E-2. What matters is that the structure you set up is a real, active business with room to grow. There are approved E-2 cases for home-based businesses, online stores that operate through e-commerce platforms and companies that deliver services entirely online. In those files it becomes especially important to explain why the business needs to be run from the United States and how you plan to create U.S. jobs over time.

With franchises the picture is a little different. Many franchises present a familiar brand, training and a tested business model, which can make the case feel more predictable and comfortable to a consular officer. In exchange, the entry fees and ongoing royalty payments usually push the total investment amount higher.

Whether you are leaning toward a home-office consulting model or a well-known franchise, the core question is the same. When you look at the investment amount, the business plan and the projected job creation together, does this structure really meet the E-2 criteria.

If your business model is built mainly on cross-border trade rather than investment, in some situations the E-1 Treaty Trader visa can also be an alternative worth exploring.

12. What happens to my E-2 status if my business fails or if I want to change the type of business?

Your E-2 status exists because of the specific business you started or bought. If that business shuts down completely, suffers serious losses or stops operating in any real way for an extended period, immigration authorities can take the position that there is no longer a basis for you to be in the United States as an E-2 investor. In that scenario, you are generally expected to either depart or move into a different status within a 60-day grace period.

In some cases, it is possible to bring in new capital, restructure the business or invest in a different enterprise and build a new E-2 case around that structure. Each of those paths has to be evaluated on its own facts.

Changing the core line of business is also risky. If your E-2 was approved for an auto parts store and you suddenly decide to stop that activity and run a full-time real estate agency instead, officers may see that as moving into a different business altogether. Major shifts like that often require notifying USCIS and, in many cases, filing a new E-2 application that clearly explains the new model. Making big changes quietly, without a plan, can put an otherwise healthy E-2 status in unnecessary danger.

13. Is the E-2 a path to a Green Card, can I stay in the United States forever on E-2?

The E-2 category is, by definition, a nonimmigrant visa and status. On paper, when you apply, you are telling the government that when the business ends you will eventually return to your home country. So the E-2 itself does not automatically convert into permanent residence and is not a direct “E-2 to Green Card” program.

While you are in valid E-2 status, you can still look at other options that do lead to a Green Card. These might include employer-sponsored EB-2 or EB-3, a self-petitioned EB-2 national interest waiver or, for those with higher budgets, EB-5 investment. The key is to coordinate strategy so that your E-2 history and your long-term immigrant plans do not contradict each other in a way that hurts both cases.

If your business stays healthy and you can justify every two-year extension with credible numbers, you can, in principle, remain in the United States in E-2 status for a very long time, even decades. That long stay is not the same as a Green Card. It always depends on a business that can be reviewed and questioned again every cycle, so it is a more fragile way to live in the United States.

If your main goal is to obtain a Green Card through investment, the E-2 by itself is not enough. To compare 2025 investment thresholds and source-of-funds requirements for permanent options, you can read “EB-5 Green Card or E-2 Investor Visa?” and our detailed “EB-5 Visa Guide 2025.” If you are interested in higher donation-based or hybrid programs, our pieces on Trump’s Gold Card program discuss EB-5 alternatives now being discussed in policy circles.

14. Can my E-2 company sponsor a worker or partner as an “essential employee” for E-2?

Yes. Under the right conditions your E-2 enterprise in the United States can sponsor a key employee or partner for an E-2 essential employee visa.

First, the nationality rules have to line up. For E-2 purposes, the company takes on the nationality of the E-2 investors who own and control it. If the principal E-2 investor is a citizen of a specific treaty country, the person you classify as an E-2 employee generally needs to have that same nationality.

Second, that person must genuinely be essential to the business. You need to answer clearly why you cannot simply hire a U.S. worker for the same role. The file should explain the employee’s education, work background, special skills and exactly how those skills will support and grow your company in the United States. The more specific and concrete you are, the stronger the essential employee case becomes.

15. Do I need to have employees on payroll before I file, or is a future hiring plan enough for E-2?

You are not required to have a full team already on payroll at the moment you file your E-2 case. Many E-2 investors begin as a one-person operation in the very early stage.

What officers look at is where the business is headed over the next three to five years. Will it remain a small, owner-only operation that just pays your personal expenses, or is there a credible plan to build something that hires U.S. workers.

For that reason, your business plan and five-year financial projections should spell out your hiring timeline. It helps to show, for example, that you will start alone, then plan to add a full-time sales person in year two and an office manager in year three. You are not expected to have that whole team hired on day one, but a clear, realistic staffing plan is very important.

16. What should I do after an E-2 denial, should I reapply, switch categories or consider Mandamus for long delays?

If your E-2 visa or E-2 status application is denied, it does not automatically mean the end of the road, but the first step is to understand exactly why the case was refused. The consular decision or USCIS notice usually indicates which part of the case they found weak: the investment amount, the lawful source of funds, the business plan, the employment story or the applicant’s intent. You need to go through those reasons line by line and decide which issues can realistically be fixed.

Sometimes it makes sense to file a stronger E-2 package in the same category, using what you learned from the first outcome. In other cases it may be smarter to try an E-2 change of status with USCIS instead of a consular visa, or to look at a different nonimmigrant or immigrant category that fits your profile better. After a denial, you also have to consider whether tools like a motion to reopen or reconsider are appropriate, or whether it is better to step back and build a completely new E-2 case.

Sometimes the problem is not a denial at all, but an excessive delay. Your file may sit for many months, and in some cases more than a year, with no real communication, stuck in 221(g) administrative processing at a consulate or in a pending posture at USCIS long after normal E-2 processing times. In those scenarios, a Mandamus lawsuit becomes a separate tool to consider. A Mandamus case does not order the government to approve your E-2, it asks a federal court to require the agency or consulate to finally make a decision. It is not a one-size-fits-all solution and should be evaluated for each case based on the length of the delay and the history of the file.

If your E-2 case has not been denied but is stalled in what seems like an unreasonable delay, you can also read our article “Mandamus Lawsuits for USCIS and Consular Delays in 2025” for a deeper look at how these lawsuits work.

17. How much ownership do I need if I have a partner, and what happens if I transfer shares after E-2 approval?

The basic rule for E-2 investors is that you must own at least 50 percent of the company or otherwise retain clear control over it. You can have partners, but at the time you file the E-2 case you should either be a 50-50 partner or hold the controlling share. When someone else holds the majority and you are a minority owner, it becomes much harder to convince officers that you are the real investor and manager.

If you make major ownership changes soon after E-2 approval, such as transferring a large block of your shares, bringing in new owners or shifting control to another person, immigration may view that as a material change in the business. That can trigger a need for a new E-2 filing or a formal update so that the government can reassess whether the E-2 requirements are still met.

On paper, a share transfer may look like a simple corporate formality, but from an E-2 perspective it can have serious consequences. That is why it is important to review the immigration impact before signing off on significant ownership changes.

18. Do I have to work with a lawyer for my E-2 case; what should I look for if I decide to hire one?

You are not legally required to hire an attorney for an E-2 case. In theory you can fill out all the forms and assemble the evidence on your own. In practice, E-2 filings tend to go far beyond simple form preparation. An E-2 package pulls together source of funds documentation, corporate structure decisions, leases or purchase agreements, a detailed business plan, financial projections and a strategy that accounts for the differences between USCIS and consular practice, including what happens if there is a delay or if a Mandamus lawsuit becomes necessary.

If you choose to work with a lawyer, it helps to look for someone who has real experience with both E-2 change-of-status cases at USCIS and E-2 visa cases at consulates. It is useful if they can explain how they approach not only high-investment files but also more modest budgets, and if they have handled E-2 cases in business models similar to yours.

You should feel comfortable asking how they have responded to denials, administrative processing and Requests for Evidence in the past, and you should expect an honest discussion at the very beginning about what looks strong in your profile, what looks weak and where the risk really lies.

The E-2 process affects both your capital and your U.S. plans. The right legal team can reduce avoidable denials and delays and help you place your budget into an E-2 structure that makes the most of what you have.

If you would like to work with our office on your E-2 case, you can schedule a free initial evaluation here.