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The E-2 visa is a nonimmigrant investor visa available to nationals of a treaty country who invest who invest a substantial amount of capital in a bona fide U.S. enterprise and come to direct and develop that business.  It can be renewed indefinitely while the enterprise continues to qualify.  

Key features:

• Not a green card, but renewable indefinitely if the business continues to meet requirements.
• Investment can be in a new business or an existing U.S. enterprise.
• E-2 visa holders can work for the business they’ve invested in.
• Spouses are authorized to work as soon as they hold E-2 status; no separate application is required. 
•  Children under 21 may attend school. 
• Investors may bring employees from their home country under E-2 employee status.

To qualify, you must:

• Hold a valid passport from a treaty country. (See the U.S. Department of State list of treaty countries.) 
• Make a substantial investment that is at risk — meaning the funds are committed and could be lost if the business fails. 
• Show that the business is real and operating, not marginal or speculative.
• Own at least 50% of the business, or otherwise demonstrate control and authority to direct its operations.
• Intend to depart the U.S. when your E-2 status ends.

The E-2 visa is available only to nationals of countries that maintain a qualifying treaty with the United States. Eligibility depends on your current nationality, not your place of birth. As long as you hold a valid passport from a treaty country at the time of filing, you may apply.

• Treaty nationality: What matters is the passport you currently hold, not where you were born, not where you live, and not your family's nationality. Nationality can be acquired by investment or by ancestry, depending on the country.
• Business nationality: At least 50% of the U.S. enterprise must be owned by persons with the same treaty nationality.
• Dual nationals: If you hold two treaty passports, you may choose which nationality to use. That choice sets the nationality of the company for E-2 purposes and determines which employees you can sponsor.
• Employees: E-2 investors may bring executives, managers, or essential employees to work for the enterprise, but the employees must have the same nationality as the E-2 company. As an exception, if the enterprise is owned 50/50 by nationals of two treaty countries, the business has dual nationality, and employees from either treaty country may qualify.

Investors typically hold treaty nationality in one of three ways:

• Existing citizenship in a treaty country. Many applicants already hold citizenship in a treaty country, such as Japan, Germany, Canada, or the United Kingdom.
• Citizenship by investment. Some treaty countries offer citizenship through investment programs. Grenada and Turkey both have active investment pathways and E-2 treaties with the United States.
• Citizenship by ancestry. Certain treaty countries allow individuals to obtain citizenship through descent. Italy and Germany both provide ancestry-based citizenship that can make an investor eligible for the E-2.

Getting an E-2 visa typically takes several months, whether you apply abroad through a U.S. consulate or request a change of status inside the United States.

• If you are already in the United States: Most applicants receive a decision from USCIS within about three to four months, unless premium processing is requested.
• If you are applying from outside the United States: Timelines vary widely by consulate, from a few weeks to several months depending on local procedures. Each U.S. consulate posts its own visa processing information on its website.

Premium processing for an E-2 change of status: Applicants filing Form I-129 with USCIS may request premium processing for an additional fee. USCIS then issues a decision within 15 business days.

Success requires a tailored submission that demonstrates substantial investment, active management, and long-term viability, not just ownership. Rapid, template submissions without tailored supporting evidence increase the risk of denial.

E-2 requirements for franchisees:

• The investor must be actively involved in the business, not a passive owner.
• The franchise must allow control over operations, not a silent investment.
• The investment must be substantial relative to the total cost of starting or purchasing the franchise.
• The business must be more than marginal, meaning it should generate enough income to support the investor and family, not just provide a living.

Factors that help franchise-based E-2 success:

• An established brand and proven business model, such as McDonald's, The UPS Store, or Great Clips.
• Detailed, well-documented business plans showing projected growth, expenses, and staffing.
• Evidence that the investor will actively manage the franchise.
• Clear documentation of the source of funds and the investment.

Potential challenges:

• Some franchises give the franchisee limited control over operations, which can raise a question about active involvement.
• A minimal investment or a small-scale franchise may be rejected as marginal.

Kennedy Law prepares every E-2 franchise case around the investor's business model and personal circumstances: clarifying consular procedures and embassy-specific requirements, reviewing the business plan for legal sufficiency, and preparing the applicant for the visa interview and for renewals. Kennedy Law has secured E-2 visas for franchise investors and applies that experience to each new case.