The first E-2 question is not money but your passport. Only citizens of E-2 treaty countries can apply, and the U.S. business must be at least 50% owned by people of that same nationality.
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You must be a citizen, not just a resident, of a country that has an E-2 treaty with the United States, and the U.S. business must be at least 50% owned by nationals of that country. Türkiye has been an E-2 treaty country since May 18, 1990.
Brazil, India, mainland China, Russia, Saudi Arabia and the United Arab Emirates are not E-2 treaty countries. Their citizens can qualify only through a second citizenship from a treaty country.
This page provides general information about U.S. immigration law as of September 26, 2026. It is not legal advice, and reading it or using the calculator does not create an attorney-client relationship. Every case depends on its own facts, and the law and consular practice change often. Speak with a licensed attorney before you invest money or file an application.
E-2 eligibility follows your nationality. Living in a treaty country, or holding residence there, is not enough; you must hold its citizenship. The full list, with the date each treaty took effect, is published by the U.S. Department of State.
E-2 treaty countries include Türkiye, the United Kingdom, Germany, France, Italy, Spain, Japan, South Korea, Canada, Mexico, Colombia, Argentina, Egypt, Jordan, Pakistan, Ukraine, Georgia, Azerbaijan, Kazakhstan and many others, around 80 in total.
When the investor is a company, or when several people invest together, the business must be at least 50% owned by nationals of the treaty country (9 FAM 402.9-4). If the U.S. company is owned by another company, officers look through to the people who ultimately own it.
The investor must also develop and direct the business, which normally means owning at least 50% or holding operational control, for example as managing member or CEO. When a company is owned 50/50 by nationals of two different treaty countries, employees of either nationality can use it for E visas.
A business can have only one qualifying nationality. If you hold two passports, you choose one for all E visa purposes, and you should apply with that passport.
Some investors from non-treaty countries obtain a second citizenship through an investment program, for example in Grenada or Türkiye. A 2022 law (the AMIGOS Act) added a condition: if you acquired treaty citizenship through a financial investment, you must have been domiciled in that country for at least three continuous years before you can apply for an E visa.
No new E-2 country has been added since Portugal. Bolivia and Ecuador appear on the State Department list with special restrictions, so check the official footnotes before relying on those treaties.
Your spouse and unmarried children under 21 can receive E-2 dependent visas whatever their nationality. Spouses are authorized to work in the United States; children can attend school but cannot work.
How long your visa is valid and whether there is an issuance fee depend on the reciprocity schedule for your nationality. Turkish citizens, for example, receive E-2 visas valid for up to 60 months with multiple entries and no issuance fee. In July 2025 the State Department shortened visa validity for several countries, so always check the current schedule. See our E-2 news page.
Each E-2 requirement has its own page with plain-language answers, official sources and the documents you will need.
The free capital calculator and how a “substantial” investment is judged.
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2Nationality & treaty countriesWho qualifies by citizenship, the 50% ownership rule, dual citizens and new treaties.
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3Source of fundsSavings, sales, loans, gifts and inheritance: what counts and how to prove it.
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4Business started? At risk & escrowDoes the business need to be open, what “at risk” means, and how escrow protects you.
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5Marginality & job creationThe “more than a living” test, how many hires, and what officers ask for in 2026.
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6E-2 news 2026Interviews, where to apply, fees, reciprocity and policy changes that affect investors.
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Only through a second citizenship from a treaty country. If that citizenship was acquired through an investment program, you must have lived in that country for at least three continuous years before applying.
Yes. Turkish citizens have been eligible since May 18, 1990. Under the current reciprocity schedule, E-2 visas for Turkish citizens can be valid for up to 60 months with multiple entries and no issuance fee.
No. Your spouse and unmarried children under 21 qualify as your dependents regardless of their nationality, and your spouse may work in the United States.
Generally yes. 50% ownership by treaty nationals is enough, but the treaty investor must also show control, for example as managing member with authority over operations.
A calculator gives an estimate. We review your business, your budget and your source-of-funds paper trail before you commit money or file.
Ozek Law Firm, LLC · Tolga Ozek, Attorney at Law
4500 East West Highway, Suite 150, Bethesda, MD 20814
+1 (202) 854-8545 · info@ozeklaw.com · ozeklaw.com/contact
Admitted in Maryland, New York, California and Washington, D.C.; federal immigration practice throughout the United States. Consultations in English, Turkish, Spanish and Swedish; interpreters for other languages.
Legal disclaimer: This page is for general information only and does not constitute legal advice. Use of this page or its tools does not create an attorney-client relationship with Ozek Law Firm, LLC. Do not act or refrain from acting based on this content without consulting a qualified attorney about your situation. Information is current as of September 26, 2026 and may change. Prior results do not guarantee a similar outcome. Attorney Advertising. The calculator gives estimates based on the numbers you enter, the Foreign Affairs Manual and current wage data as of September 26, 2026. It is not a legal threshold, and the consular officer makes the final decision. No attorney can guarantee a result.
