HELP CENTER

E-2 visa processing typically takes two to six months from start to finish, though this varies by consulate.

The interview scheduling wait time is often the longest variable.

Some cases require additional administrative processing that adds two to eight weeks.

Yes, if you're in a valid nonimmigrant status, you can file Form I-129 with USCIS to change to E-2 status without leaving the country.

However, USCIS processing times can be lengthy, and you'll still need to obtain a visa stamp at a consulate if you later travel abroad.

The E-2 doesn't directly lead to a green card, but E-2 holders have several pathways to permanent residence.

Options include the EB-5 immigrant investor program, EB-1A extraordinary ability, EB-2 NIW national interest waiver, or employer-sponsored green cards through the PERM process.

The E-2 is a temporary (nonimmigrant) visa with no fixed minimum investment that can be renewed indefinitely but doesn't lead directly to a green card.

The EB-5 is an immigrant visa requiring $800,000 to $1,050,000 that leads directly to permanent residence and requires creating 10 jobs.

No, you must be a citizen of a treaty country to qualify for the E-2 visa.

If your country does not have a qualifying treaty with the United States, consider alternatives like the H-1B, L-1A, O-1A, or EB-5 depending on your qualifications.

Yes, your spouse and unmarried children under 21 can accompany you on E-2 dependent status.

Your spouse can apply for work authorization (EAD) to work for any U.S. employer, and your children can attend school.

Yes, you can use borrowed funds for your E-2 investment, but the loan must be secured by your personal assets, not by the E-2 business itself.

If the business serves as collateral, the funds aren't considered "at risk" because the lender, not you, would bear the loss if the business fails.

Most of your investment should be committed before you apply, but you don't necessarily need to have spent every dollar.

Funds in escrow that will be released upon visa approval count toward your substantial investment.

The key is demonstrating that your capital is irrevocably committed to the enterprise.

Yes, but you'll need to meet all the L-1A visa requirements independently.

That means you'd need a qualifying multinational employer, at least one year of qualifying employment abroad in a managerial or executive role within the past three years, and a U.S. entity with a qualifying relationship to the foreign employer.

Simply holding an E-2 doesn't give you any advantage in the L-1A petition process.

There's no fixed minimum set by law.

USCIS and consular officers evaluate whether the investment is substantial relative to the total cost of the business.

In practice, investments of $100,000 or more tend to receive more favorable treatment, but smaller amounts can qualify for lower-cost enterprises.

The L-1A offers a clearer path to permanent residence because of its dual intent status and direct EB-1C green card category.

The E-2 allows indefinite renewals but has no built-in route to a green card.

Business owners who want to stay in the U.S. permanently often find the L-1A more strategically valuable for their immigration process.

Your spouse must first be in valid dependent status (H-4, L-2, or E-2) or apply for that status concurrently.

For L-2 and E-2 spouses, work authorization begins upon entry when you receive an I-94 with the "S" designation.

H-4 spouses need to file Form I-765 after arriving and being admitted in H-4 status, though concurrent filing with a change of status application is also possible.

No. Since USCIS policy changes in 2021 and 2022, E-2 and L-2 spouses are authorized to work incident to status.

Their I-94 annotated with "E-2S" or "L-2S" serves as proof of work authorization.

Filing Form I-765 for an EAD card is optional and only needed if the spouse wants an additional identity and employment document.

No. Premium processing (Form I-907) is not available for any spouse-based EAD application.

This applies to H-4, L-2, and E-2 filings alike.

There is currently no way to expedite the processing time for a dependent spouse EAD through the standard premium processing service.

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.

No. Form I-129 must be filed by the U.S. employer acting as the petitioner.

The foreign national beneficiary cannot self-petition.

The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.

Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.

With premium processing (Form I-907), USCIS guarantees a response within 15 business days.

Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.

When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.

This approval notice serves as official evidence of the approved I-129 status.

The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.

The total cost of a visa application depends on the visa type, employer size, and whether you use premium processing.

For an H-1B petition, a standard employer can expect to pay $3,380 to $7,380 in government fees alone.

Adding premium processing ($2,965) and attorney fees ($2,000 to $5,000) brings the total to roughly $5,380 to $15,345.

Other visa types like the O-1A or EB-1A have different fee structures and typically higher attorney costs.

No. USCIS does not refund filing fees if your petition is denied, withdrawn, or revoked.

This means a denial can be especially costly since you will need to pay the full set of government fees again if you choose to refile.

The only exception is premium processing: if USCIS does not meet the 15 business day deadline, you can request a refund of the I-907 fee.

For most employer-sponsored visas like the H-1B, the employer is legally required to pay certain fees, including the I-129 base filing fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee.

The employer cannot pass these costs to the employee.

Premium processing fees can sometimes be paid by either party, depending on who benefits from faster processing.

Consular fees and travel costs are typically the employee’s responsibility.

The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.

However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.

The cheapest overall cost depends on both the filing fees and the complexity of your particular case.

U.S. immigration groups employment-based green cards into five preference categories, EB-1 through EB-5, though most professional hiring runs through EB-1, EB-2, and EB-3. On the temporary side, the main employment-based visa types include the H-1B, L-1A, O-1, TN, and E-2.

So the practical answer is a handful of temporary categories plus three or four green card categories that cover the vast majority of cases.

Dual intent means you can hold a temporary visa and pursue a green card at the same time without raising questions about your intent to leave. The H-1B and L-1A clearly allow dual intent, which is why they're popular starting points for a longer plan.

The O-1 is treated flexibly in practice, while the TN and E-2 are tied more closely to temporary stay, so a green card plan on those needs careful documentation.

Among green cards, the EB-1A (extraordinary ability) and EB-2 NIW (national interest waiver) allow self-petition, so the individual files without an employer or a PERM labor certification. The E-2 doesn't use a traditional employer either, since it's based on the applicant's own investment.

Every other major work visa, including the H-1B, L-1A, O-1, TN, and the standard EB-2 and EB-3 green cards, requires an employer or a job offer.

The immigrant categories, EB-1A, EB-1C, EB-2 NIW, and EB-2 or EB-3 through PERM, lead directly to a green card. The temporary work visas don't grant permanent residence on their own, but several act as bridges.

An H-1B holder can move through PERM to EB-2 or EB-3, an L-1A manager to the EB-1C, and an O-1A performer to the EB-1A.

For eligible candidates, the visas without a lottery or labor certification tend to move fastest. The O-1 and L-1A have no annual cap, so a qualified case can be filed at any time, and the TN can sometimes be obtained at the border for Canadian citizens within days.

Speed also depends on whether premium processing is used, which guarantees USCIS action within 15 business days for an added fee, so the right answer depends on the candidate's profile and how urgently you need them.

There is no official minimum. The investment must be substantial relative to the type of business, meaning enough to ensure the enterprise has a fair chance of success. In practice, most consulates view an initial investment of around $100,000 as a reasonable starting point, though lower amounts can work for low-overhead businesses with a strong plan.

See our E-2 investment requirements guide for details.

Only nationals of countries that have a treaty of commerce and navigation with the United States are eligible. You can check the current treaty country list on the State Department site, and read more in our E-2 treaty countries guide.

Yes. E-2 spouses don't need to apply for work authorization; they can work for any employer in the U.S. Children under 21 can live and study, but they must change to another status when they turn 21.

For more, see our spouse work authorization guide.

Validity depends on your nationality and the reciprocity schedule, typically two to five years. The E-2 is renewable indefinitely, as long as the business stays active and viable.

Not directly. The E-2 is a nonimmigrant visa without dual intent, but many investors later transition to permanent residency through the EB-5 immigrant investor program or categories like the EB-1A, EB-2 NIW or EB-3.

Plan any green card strategy carefully so it does not complicate future E-2 renewals.

Yes. Essential employees who share the investor's nationality and hold an executive, supervisory, or specialized role critical to the business can qualify for E-2 status. They do not need to invest, but they must show their role is indispensable to the enterprise.

Yes, moving from E-2 to EB-5 is a common bridge strategy for treaty-country investors. You enter on the E-2 to start your business, then file the EB-5 I-526E petition later once you can commit the $800,000 or $1,050,000 and meet the 10-job requirement.

Because the E-2 has no dual intent, plan the transition carefully so pursuing the green card doesn't complicate an E-2 renewal.

The E-2 is far cheaper to enter. It has no statutory minimum and is judged by proportionality to the business, so many E-2 investors start with capital well below six figures, while EB-5 requires at least $800,000 in a targeted employment area or $1,050,000 elsewhere.

The lower E-2 cost reflects a different outcome, a renewable visa rather than a green card.

No, the E-2 does not give a green card on its own. It is a nonimmigrant treaty investor visa that renews indefinitely as long as the business stays viable, but it never converts to permanent residency by itself.

Investors who want a green card move to EB-5 or another immigrant category later, which is why some treaty-country nationals use the E-2 as a first step.

If your country has no qualifying E-2 treaty with the U.S., you cannot use the E-2 at all, and EB-5 becomes the realistic route since it is open to any nationality. This is why nationals of non-treaty countries such as India and China often go straight to EB-5.

Confirm your country's status on the State Department treaty list before building any E-2 plan.

Yes, you can move between the two if your circumstances change, because they're separate categories with separate requirements. A trader whose business shifts toward a funded U.S. enterprise they run might refile as an E-2 treaty investor, while an investor who builds substantial cross-border trade might qualify for an E-1.

Each switch is a fresh case that has to meet that category's threshold on its own evidence, so the move depends on what your business supports at the time.

The E-1 has no investment requirement at all, since it's based on trade rather than capital, and the E-2 has no fixed statutory minimum either. What the E-2 requires instead is a substantial investment judged by proportionality to the cost of the business, so a modest amount can qualify for a lean operation while a larger business needs more.

The figure that matters is whether your investment is enough to make the specific enterprise viable, not a set dollar amount.

Both visas are limited to nationals of countries that hold a qualifying treaty of commerce and navigation with the U.S., and the list isn't identical for the two categories. Some countries have both E-1 and E-2 treaties, some have only one, and a few have neither, so the first step in any E case is confirming that your nationality is party to the relevant treaty.

Our post on E-2 treaty countries walks through how to check your eligibility.

Neither the E-1 nor the E-2 has a direct path to a green card, so reaching permanent residence means qualifying under a separate immigrant category such as EB-1A, EB-5, or an employer-sponsored EB-2 or EB-3. Because both E visas require nonimmigrant intent, filing an immigrant petition can affect a later E renewal, so the timing and route are worth planning in advance.

Many people in this position complete the green card through consular processing abroad rather than adjusting status inside the U.S.

No. There is no official list of approved E-2 businesses. Almost any active, for-profit enterprise can qualify if it is real and operating, more than marginal, and backed by a substantial at-risk investment.

The industry matters far less than whether the business passes those tests, so the useful question is what makes any business qualify rather than which businesses are pre-approved.

A franchise can qualify for an E-2 visa when it is an active operating business and your investment is substantial in proportion to its total cost. Franchises are popular E-2 choices because they come with a proven model, defined startup costs, and clear documentation, which makes the "real and operating" and "substantial investment" points easier to show.

The franchise still has to meet every part of the treaty-investor test.

Buying real estate purely to hold for appreciation generally does not qualify, because it is a passive investment rather than an active enterprise producing goods or services. A real operating business built around property can qualify, such as a property-management company or a hospitality business with staff, bookings, and daily operations.

The distinction is whether you are running an active business or simply holding an asset.

There is no fixed minimum. The investment has to be substantial in proportion to the total cost of buying or establishing the business, so a lower-cost service business can qualify with a smaller amount while a capital-heavy business needs more.

For how the proportionality test works and what counts as at-risk capital, see our post on E-2 investment requirements, and for the full spend, our E-2 visa cost breakdown.

An E-2 business is more than marginal when it has the present or near-future capacity to generate significantly more than enough income to support just you and your family, or to make a real economic contribution such as employing U.S. workers.

Job creation and credible financial projections are the clearest evidence, which is why a business with a hiring plan usually makes a stronger case than one that only supports the investor.

There is no limit. The E-2 can be renewed indefinitely, with no cap on the number of renewals, as long as the business stays real and operating, the investment stays at risk, and the treaty between your country and the United States remains in force.

Each renewal is judged on the conditions at that moment, not on a running count.

It depends on the route. An extension of status inside the United States on Form I-129 is typically granted in increments of up to two years. A consular renewal produces a visa stamp whose validity follows the reciprocity schedule for your treaty country, which varies by nationality.

Both can be renewed again when they expire.

An I-129 extension of status updates your I-94 and keeps you lawfully in the United States, but it does not change the visa stamp in your passport. The stamp is what lets you re-enter the country after traveling abroad.

If you extend status in-country and then travel, you may need a fresh consular visa to return, since the stamp and the status serve two different purposes.

Plan to show updated financial statements, business tax filings, payroll and job-creation records, evidence the investment is still at risk, a documented source-of-funds trail for any new capital, and current corporate standing documents.

The goal is to prove the business has been operating and still meets the E-2 requirements since your last approval.

Yes. Renewal is not automatic. The most common reasons a renewal stalls are marginality, meaning the business exists mainly to support the owner, thin or inconsistent financials, and an incomplete source-of-funds trail.

Building a clear record of operations, income, and job creation over the visa period is the strongest way to guard against a denial.