The E-2 visa process almost always takes more than three months and typically at least six, so it pays to start early. Here are the seven steps, from confirming your treaty-country eligibility to making a “substantial investment” and submitting your application.

 

 

Start the E-2 Visa Process Early

 

That’s right, if you haven’t already started the E-2 visa process in 2026, you’re too late to get one this year. The process almost always takes more than 3 months and typically at least 6 months.

 

So, if you’re interested in making your move to the U.S. on an E-2 visa in 2027, start now.

 

Ok, here are the 7 E-2 visa steps— #6 is the trickiest. So. wait for it.

 

Step 1: Determine If You Qualify

 

To qualify for an E-2 visa, you must be a national of an eligible treaty country.

 

There are about 80 treaty countries now, including Canada, the UK, Ireland, France, Australia, Romania, Colombia, and South Korea, for example.

 

India, Russia and China, on the other hand, are ineligible.

 

Is your country on the list?

 

Step 2: Establish Your U.S. Company

 

Next, it’s time to establish a U.S. company to serve as your “E-2 enterprise” — unless you already have one — and you must own at least 50% of it.

 

Some E-2 visa applicants use their new U.S. company as a holding company to invest in a franchise or acquire an existing business, but most of my clients go for a startup and start from scratch.

 

This step can take anywhere from a few days to a few weeks and, if you like, my law firm can help you do it.

 

Step 3: Get an EIN

 

Once your E-2 enterprise has been established, you’ll need to apply to the U.S. Internal Revenue Service (or IRS) for an Employer Identification Number (or EIN).

 

It’s a separate U.S. tax ID number for your company, and you’ll need one.

 

If you or another owner of your company already has a U.S. social security number (SSN) or individual taxpayer identification number (ITIN), you can get your EIN from the IRS very quickly.

 

Otherwise, it typically takes about 45 days, and you only apply by fax.

 

Step 4: Open a U.S. Business Bank Account

 

Once your new U.S. business has an EIN, it’s time to open a business bank account.

 

This is trickier than it seems because only a handful of U.S. banks will allow a non-citizen, non-resident to open a U.S. business bank account, but all of my E-2 visa clients have been able to do it.

 

Step 5: Transfer Your Investment Funds

 

Next, it’s time to transfer funds from your personal bank account abroad (or if necessary from a business bank account abroad that you clearly own and control) to your new business bank account in the United States.

 

It’s important that the funds come from you—the E-2 visa applicant—not from someone else.

 

And the source of funds used to make your investments cannot be reinvested profits or revenues of the E-2 enterprise itself.

 

Step 6: Make a “Substantial Investment”

 

Now, you’ll need to make a “substantial investment” in your E-2 enterprise.

 

The law doesn’t specify a minimum investment amount, but U.S. consular officials typically like to see an investment of at least $100,000. (Not $1 million, $100,000).

 

Your investment must be “at risk” (of loss) and “irrevocably committed” to your business, not just safely sitting in a bank account—although a relatively small amount of unspent funds can qualify as “working capital” if it’s earmarked for near-term expenses that the company is contractually obligated to incur.

 

What should you invest in?

 

U.S. consular officials like to see investments showing that you’ve firmly established a physical presence in the U.S. and are open (or nearly open) for business before you submit your E-2 visa application, such as:

 

  • a commercial office lease (even if you think you don’t need one)
  • salaries—I strongly recommend that you hire at least one U.S. worker prior to submitting your E-2 visa application and have a plan to hire more in the years to come
  • equipment
  • inventory (if you sell products)
  • marketing and advertising, and
  • other things your specific business needs to succeed.

 

What investments don’t work?

 

In short, anything that’s arguably more of a personal expense than a legitimate business one.

 

For example, I was contacted recently by a Canadian who used another immigration attorney to handle his E-2 visa application, which was rejected. He didn’t understand why because he’d invested over $140,000.

 

But upon closer analysis, most of his money was spent on a luxury car and a residential lease, which were too personal and therefore not counted toward the total investment, rendering it “non-substantial.”

 

Step 7: Submit Your E-2 Visa Application

 

File the DS-160, pay the fee, and submit your E-2 package to the U.S. consulate in your home country. Then go to your interview ready to explain your business and your investment in plain terms. If the officer approves you, you get the visa in your passport and you can come to the U.S. to run your company.

 

About Me

 

I’m Joseph Bovino, U.S. immigration and business attorney based in Florida and specializing in visas for entrepreneurs, investors, and families who can help make America even greater than it already is, especially the E-2 visa.

 

Want to talk through your situation? Book a consultation with me.