E-2 Visa: Complete Guide for Investors in the USA in 2026

The E-2 visa is one of the most commonly used categories by entrepreneurs who wish to live and operate a business in the United States. Unlike employment-based visas, the E-2 allows the investor to run their own company with full autonomy, bring their family, and renew their status indefinitely as long as the business remains active. For Brazilians, the most common access route is through dual citizenship with a country that maintains a trade treaty with the US, since Brazil does not have a bilateral agreement for this category.

Legal Basis and Eligibility

The E-2 visa is provided for in Section 101(a)(15)(E)(ii) of the INA (Immigration and Nationality Act) and regulated by 8 CFR § 214.2(e). It allows citizens of countries with a treaty of commerce and navigation with the United States to enter the country to develop and direct an enterprise in which they have invested substantial capital. The visa is classified as non-immigrant, meaning it does not lead directly to a green card, although it is widely used as a long-term strategy and a bridge to other immigration categories.

To qualify, the investor must meet four fundamental requirements: be a citizen of a country with an active E-2 treaty, make a substantial investment in a real and active business, demonstrate control and active participation in the company, and prove that the enterprise is not marginal.

Countries with Active Treaty

More than 80 countries maintain treaties that grant eligibility for the E-2 visa. Among the most relevant for the Portuguese-speaking and Latin American community are Portugal (officially added in March 2024), Italy, Spain, Germany, France, United Kingdom, Japan, South Korea, Canada, and Australia. The full list is available on the US Department of State website.

Brazil does not have an E-2 treaty with the US. Brazilians who wish to use this category must have citizenship from an eligible country. The inclusion of Portugal in 2024 significantly expanded access for Brazilians with dual Portuguese citizenship, who represent a significant portion of the Brazilian diaspora.

Investment Requirements

US law does not set a fixed minimum value for the E-2 investment. The requirement is that the capital be substantial in relation to the total cost of the enterprise or the amount normally required to establish the type of business in question. In practice, accepted investments usually range between US$ 100,000 and US$ 300,000, depending on the sector and location.

The investment must be irrevocable and committed to the business at the time of the petition. Funds kept in a personal bank account, without effective application to the enterprise, do not qualify. USCIS and consulates assess whether the capital is genuinely at risk in the context of a real commercial operation.

Marginality Test

The business cannot be considered marginal, a term USCIS defines as an enterprise without the present or future capacity to generate income sufficient beyond the mere subsistence of the investor and their family. In practice, this requires a robust business plan demonstrating job creation, projected revenue, and medium-term financial viability. Businesses that employ American workers and contribute to the local economy are evaluated more favorably.

Most Common Types of Business

• Franchises of established US brands
• Restaurants, cafés, and food service operations
• Aesthetic, health, and wellness clinics
• Consultancies in technology, finance, or management
• E-commerce companies and digital services
• Startups with a validated business model
• Retail and local service businesses

Application Process

The application for the E-2 visa can follow two paths: consular processing for those outside the US, or change of status via USCIS for those already legally in the country. The most common path for Brazilians is consular processing.

The typical steps include: establishing the company in the US (usually an LLC or Corporation), transferring and effectively investing the capital, preparing a detailed business plan, preparing the petition with supporting documentation, and submitting it to the American consulate or USCIS. For consular processing, it is necessary to complete the DS-160 form and schedule an interview at the consulate.

Fees and Costs in 2026

In addition to government fees, it is necessary to consider company formation costs, legal fees, preparation of a professional business plan, and possible costs for translation and authentication of documents. The total financial planning should include not only the investment in the business but also working capital for the first months of operation.

Duration and Renewals

The initial period of admission to the US with an E-2 visa is up to 2 years. The validity of the visa stamp in the passport, however, varies according to the reciprocity table of the investor’s country of nationality, and can be from 1 to 5 years. E-2 status can be renewed indefinitely in 2-year increments, as long as the business remains active and the investor maintains substantial participation in the operation.

This characteristic makes the E-2 a viable option for long-term life projects in the United States, although the investor should be aware that the visa is tied to the continuity of the enterprise. If the business ceases operations, E-2 status is lost.

Benefits for the Family

The spouse and unmarried children under 21 of the E-2 holder can obtain derivative status. The E-2 spouse is entitled to apply for work authorization (EAD) and can work for any employer in the United States, without restriction to the investor’s business. Dependent children can study at American institutions. These family benefits make the E-2 particularly attractive for families in the process of relocation.

Comparison with EB-5

Although both are aimed at investors, E-2 and EB-5 differ fundamentally. The EB-5 is an immigrant visa that leads directly to a green card, but requires a minimum investment of US$ 800,000 in TEA (Targeted Employment Area) or US$ 1,050,000 in other areas, in addition to the creation of at least 10 full-time jobs. The E-2 requires a significantly lower investment, has a faster process, and offers operational flexibility, but does not grant permanent residency by itself.

For many entrepreneurs, the E-2 serves as the first step in a scaled immigration strategy, allowing them to establish a presence in the US while planning a possible transition to immigrant categories such as EB-5, EB-1C, or even EB-2 NIW, depending on the investor’s professional profile.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.