Introduction
If you are currently going through U.S. immigration and are considering Special Treaty Country visas for treaty traders and investors, there are two main types of visas that you may be considering - the E1 and the E2. In this article, we will take an in-depth look at the main advantages and disadvantages of both of these special visas, review the qualifications needed to apply for each of them, and finally walk through the step by step process for filing for each of these special immigrant visas.
Define E1 and E2 Visas: Key Characteristics and Purposes
We can assist with your application for E1 and E2 visas to allow entry to the U.S. as a permanent resident.
E1 Visa (Treaty Trader Visa): This permit allows for continued growth and expansion of trade between your home country and the United States, conducted from within the U.S. through a subsidiary, branch office, etc. This type of trade must be consistent and have great impact in order for approval of your E1 visa application and your subsequent entry to the U.S. as a Treaty Trader.
E2 Visa (Treaty Investor Permit): Allows a permanent resident to enter into the U.S. to begin his or her own business. The number of E-2 permits to be issued in FY2025 will exceed 51,000 as even more people look to enter into investment opportunities in the U.S. Since Japan and Canada lead the charge for the number of E-2 permits issued for Treaty Countries, you will need to “do something” different than others to invest in the U.S. in order for your application for an E2 visa to receive approval and for you to be granted entry into the U.S. as a Treaty Investor with an E2 visa with a refusal rate of 9.3% as it currently stands.
The E1 and E2 visa permits can be renewed in 2 year increments and the number of extensions is unlimited so long as the applicant remains eligible to receive permits. Assistance in the preparation of the application and required documentation is key to making a strong case for approval of the permits. Also, a good business plan is needed to make a successful investment and we can assist you with that as well.
Outline Eligibility Requirements: Who Qualifies for E1 and E2 Visas?
Understanding the eligibility requirements for both the E1 and E2 visa categories can help you determine whether you or others would qualify for a visa to start a new life in the U.S. or for new business opportunities in the U.S. market.
-
E1 Visa Requirements:
- You must be a national of a treaty country.
- The trade can be mostly between the US and your home country, but doesn’t have to be 100%.
- Trade must primarily be between U.S. and treaty national's home country.
- You must be a supervisor or executive, or if you are an employee, you must have specialized skills which are adding considerable value to the organization.
-
- The applicant must be a national of a treaty country.
- Your initial investment must have been substantial in relation to those of others involved in the enterprise. The funds you bring into the U.S. must be at risk in the enterprise and cannot be marginal in nature to the overall operation of the business.
- The E2 funding for the applicant’s entry to the U.S. will be used for establishing and for the continued operation of a genuine and properly operating enterprise which will generate sufficient income and maintain the principal and family.
- You intend to enter the United States solely and primarily for the purpose of developing and directing the establishment, administrative and policy-making functions of an enterprise in which you have invested a substantial amount of capital.
Beginning in 2026, more employees of treaty trader companies will be able to reside and work in the U.S. under the E1 classification than are currently permitted. There are two main classes of treaty visitors: the E1 and the E2. Money is the main factor in approval for both classes. However, the amount of money that is required for approval for an E2 classification to be approved for a new business is typically between $60,000 and $100,000 to start. The amount of money that is approved for other enterprises may be lower, but still must meet a proportionality standard. Stelmakh Law has covered several approved E2 cases where the initial investment was at least $100,000.
A recently applied case of a Canadian golf course design company has been granted E2 permits for its executives after successfully establishing that considerable commerce was conducted with their American clients. The approval was further supported by a very solid business plan for growth of their golf course design business in the U.S. Recent denial rates for approval of permits for E2 visa holders have dropped to 9.3% for 2023 from 12.2% in 2020.
Learning about the eligibility criteria for both the E1 and E2 visa categories can be empowering to aid in your future endeavors in the U.S. market.
Explain Application Processes: Steps to Secure E1 and E2 Visas
Understand the key differences between an E1 visa and an E2 visa so you can effectively start your application process. By knowing the steps to complete the E1 and E2 visa applications, you can more effectively start your application process.
- Determine Eligibility: First we will give a brief overview of the qualifications for an E1 and E2 visa application. After reading the differences for an E1 visa and an E2 visa, it will be easier to begin your E2 visa application process by determining whether you are eligible for an E1 or E2 visa.
- Fill out the DS-160 Form: After you decide on which type of visa you wish to apply for, complete the DS-160 Online Nonimmigrant Visa Application for an E1/E2 Visa. Make sure all the information is correct to avoid any complications in the future.
- Gather Required Documents for Application: The nationality documents of the applicant and his/her spouse and children as well as proof that the applicant and his/her spouse are engaged in commerce and possess sufficient funds and a detailed business plan for new businesses as well as current financial records and continued operational activity for currently operational businesses.
- Pay the Application Fee: This fee varies depending on the type of visa and the country of origin of the applicant. Currently, the fee for an E-2 visa application is $315 for an E-2 visa application as of April 2026.
- Book a Visa Interview: After completing step 4 you can book your interview for the E1 and E2 visa at a US embassy or consulate in your home country. It will take 4-9 months for an appointment to become available. Large numbers of treaty country nationals apply for visas to enter Turkey, including the Italians, Germans, Dutch and Filipinos, but for those from these countries in particular there is presently easier scheduling in 2026 than in prior years.
- Interview: The Consulate official will ask the applicant to explain the plans of the applicant in detail with respect to his/her trade or investment. The officer scrutinizes all the applications for E-1 and E-2 visas. Hence the applicant must make sure that he/she is very clear and complete in his/her answers and also the documents submitted by the applicant. Incomplete application packages are the cause of largest number of avoidable delays in E-2 processing.
- Receive Visa Decision: After the interview the officer will advise you of the decision on your application. In the year 2020 for example, there were 26,759 new E-2 nonimmigrant permits issued globally. Of those applications, 23,493 were granted.
These steps outline the basic application steps and are a great starting point for the E-2 visa application. Remember to thoroughly read through each step in order to best complete the process efficiently.
Compare Benefits and Limitations: E1 vs. E2 Visa Insights
Considering whether an E1 or E2 visa is best for you and your family is also important to consider the many benefits and limitations of each.
-
- Unlimited renewals as long as trade continues.
- No minimum investment required to apply for an E1 Visa for an employee of a small enterprise.
- Immediately after entry to the US, spouses and children of E1 visa holders can apply for a work permit in the US and work while permit holder is developing the business.
-
- The applicant has to provide sufficient evidence of ongoing trade for example 50% or more of international trade with the U.S. Newer businesses might find it challenging proving trade exceeding the above percentage.
- The E1 Visa is restricted to the citizens of treaty countries conducting commerce.
-
- The visa holder, and their family, can live in the U.S. for as long as necessary to establish and run a successful lawful full-time business.
- The spouse of the principal can work in the U.S. without restrictions on hours or type of work.
- Trade can be newly started or already existing. Any kind of lawful full-time work can qualify for an E2 visa.
- Work unrestricted by number of hours or type of work.
-
E2 Visa Limitations:
- Requires a substantial investment in the Company of $100,000 - $300,000.
- Unlimited renewals but no Green Card (allowing Permanent Residence in the U.S.) and therefore careful long term planning required.
The in-person interviews for new, renewal and family members’ applications of E-visas will be required from October 1, 2025. Understanding the requirements for each of the different types of visas will help you make the right choice for you and your family.
Conclusion
Immigration and visa options to come to the U.S. can be very complex and very important to the future of any foreign national. In order to assist in explaining some of the most common visas for treaty nationals, we will explain the E1 and E2 visas. The E1 visa is used to promote trade between the U.S. and the foreign country of the treaty national. The E2 visa allows the foreign national to enter the U.S. in order to manage and/or own a business in which he/she has made a substantial investment.
Below are the main points of the application as well as the benefits and limitations of each of the two treaty visas for trade between foreign countries and the U.S.:
- The E1 visa can be renewed as many times as necessary with no minimum amount of investment as long as sufficient trade is being conducted.
- The E2 visa requires a substantial amount of investment and allows the treaty national greater flexibility when it comes to managing the business as well as employing other individuals to work on behalf of the treaty national and/or his/her family.
In summary, this would be a good visa option for you to explore. It is wise to seek the assistance of an immigration lawyer when exploring your options for immigration to the U.S. The Vasquez Law Firm is a bilingual law firm and would be more than happy to assist you in obtaining the proper visa to enter into the U.S. market. We offer free initial consultations and would be happy to discuss your immigration options with you.
Frequently Asked Questions
What is an E1 visa?
The E1 visa, also known as the Treaty Trader Visa, allows individuals to enter the U.S. to facilitate trade between their home country and the United States. This trade must be substantial and ongoing, conducted through a subsidiary or branch office in the U.S.
What is an E2 visa?
The E2 visa, or Treaty Investor Permit, permits individuals to enter the U.S. to start their own business. It is designed for those looking to invest in the U.S. market, with a significant number of permits available each fiscal year.
How many E2 visas are expected to be issued in FY2025?
In FY2025, it is expected that more than 51,000 E2 permits will be issued as interest in investment opportunities in the U.S. continues to grow.
What are the approval challenges for E2 visa applications?
The E2 visa has a refusal rate of 9.3%, meaning applicants need to present a unique investment opportunity to increase their chances of approval.
How long are E1 and E2 visas valid, and can they be renewed?
E1 and E2 visas can be renewed in two-year increments, and there is no limit to the number of extensions as long as the applicant remains eligible.
What is required for a successful E1 or E2 visa application?
A strong application and supporting documentation are crucial for approval. Additionally, a solid business plan is necessary for E2 visa applicants to demonstrate the viability of their investment.
How can Vasquez Law Firm assist with E1 and E2 visa applications?
Vasquez Law Firm can provide assistance in preparing the application, gathering required documentation, and developing a comprehensive business plan to enhance the chances of visa approval.
List of Sources
- Define E1 and E2 Visas: Key Characteristics and Purposes
- The E-2 Investor Visa in 2026: What Investors Need to Know About Rising Scrutiny - NPZ Law Group (https://visaserve.com/the-e-2-investor-visa-in-2026-what-investors-need-to-know-about-rising-scrutiny)
- E-2 Visa News: Latest Updates & Policy Changes (2026) (https://usimmigrationadvisor.com/e-2-visa-news)
- E-2 Visa Statistics: Key Numbers for 2026 (https://manifestlaw.com/blog/e2-visa-statistics-investors-should-know)
- E-2 Visa Processing Trends in 2026: Backlogs, Delays, and What Investors Should Expect - Stelmakh & Associates (https://stelmakhlaw.com/blog/e-2-visa-processing-trends-in-2026-backlogs-delays-and-what-investors-should-expect)
- Webinar: "Treaty Trader/Investor Visas in 2026: E 1/E 2 Eligibility, Marginality & Case Studies" (https://berardiimmigrationlaw.com/webinar-treaty-trader-investor-visas-in-2026-e-1-e-2-eligibility-marginality-case-studies)
- Outline Eligibility Requirements: Who Qualifies for E1 and E2 Visas?
- E2 Investor Visas: Key Features, Requirements & Eligibility | Attorney at Law Magazine (https://attorneyatlawmagazine.com/public-articles/immigration/e2-investor-visas-key-features-requirements-eligibility)
- E-2 Treaty Investor Update: Asia Leads in Latest Statistics - WR Immigration (https://wolfsdorf.com/e-2-treaty-investor-update-asia-leads-in-latest-statistics)
- E-2 Visa Processing Trends in 2026: Backlogs, Delays, and What Investors Should Expect - Stelmakh & Associates (https://stelmakhlaw.com/blog/e-2-visa-processing-trends-in-2026-backlogs-delays-and-what-investors-should-expect)
- Webinar: "Treaty Trader/Investor Visas in 2026: E 1/E 2 Eligibility, Marginality & Case Studies" (https://berardiimmigrationlaw.com/webinar-treaty-trader-investor-visas-in-2026-e-1-e-2-eligibility-marginality-case-studies)
- E-2 Visa News: Latest Updates & Policy Changes (2026) (https://usimmigrationadvisor.com/e-2-visa-news)
- Explain Application Processes: Steps to Secure E1 and E2 Visas
- E-2 Treaty Investor Update: Asia Leads in Latest Statistics - WR Immigration (https://wolfsdorf.com/e-2-treaty-investor-update-asia-leads-in-latest-statistics)
- E-2 Visa Processing Trends in 2026: Backlogs, Delays, and What Investors Should Expect - Stelmakh & Associates (https://stelmakhlaw.com/blog/e-2-visa-processing-trends-in-2026-backlogs-delays-and-what-investors-should-expect)
- U.S. Investment Visas: E-1, E-2, EB-5 Comparison 2026 | Yellow Law (https://yellow.law/blog/us-investment-visas-e1-e2-eb5-comparison-guide)
- E VISAS – TREATY TRADER (E1) AND TREATY INVESTOR (E2) VISAS (https://py.usembassy.gov/e-visas-treaty-trader-e1-and-treaty-investor-e2-visas)
- E-2 Visas for UK Citizens (https://usimmigrationadvisor.com/e2-visa-process)
- Compare Benefits and Limitations: E1 vs. E2 Visa Insights
- U.S. Investment Visas: E-1, E-2, EB-5 Comparison 2026 | Yellow Law (https://yellow.law/blog/us-investment-visas-e1-e2-eb5-comparison-guide)
- E-2 Visa News: Latest Updates & Policy Changes (2026) (https://usimmigrationadvisor.com/e-2-visa-news)
- E-1 Visa vs. E-2 Visa: Understanding the Differences and Choosing the Right Path for Entrepreneurs - Reddy Neumann Brown PC (https://rnlawgroup.com/e-1-visa-vs-e-2-visa-understanding-the-differences-and-choosing-the-right-path-for-entrepreneurs)
- Webinar: "Treaty Trader/Investor Visas in 2026: E 1/E 2 Eligibility, Marginality & Case Studies" (https://berardiimmigrationlaw.com/webinar-treaty-trader-investor-visas-in-2026-e-1-e-2-eligibility-marginality-case-studies)
