E-2 Treaty Investor Visa

How the E-2 treaty investor visa works

The E-2 treaty investor visa is a US nonimmigrant status for nationals of countries that have a qualifying treaty of commerce or a bilateral investment treaty with the United States, and Ukraine is on that list. The investor must put a substantial amount of their own capital at risk in a real, operating business and own at least half of it or otherwise control it. The law sets no fixed minimum; the amount is judged against the cost of the specific business, which also must not be marginal, meaning it has to do more than support the investor's family.

Applicants abroad file Form DS-160 and attend an interview at a US consulate, while people already in the United States can request a change of status from USCIS on Form I-129. Spouses and unmarried children under 21 can accompany the investor as dependents, and E-2 spouses are authorized to work.

E-2 does not lead to a green card on its own and requires an intent to leave when the status ends, but it can be extended repeatedly for as long as the business keeps operating. This is the main difference from EB-5, an immigrant investor category that has a fixed statutory minimum and grants permanent residence.