Disclaimer: This article is for general educational purposes only. It does not provide legal advice and should not be relied upon as such. Immigration law is highly complex, and the right strategy depends on your personal history, nationality, business plan, and eligibility for specific visa categories. Only a licensed U.S. immigration attorney can evaluate your case and guide you through the process.
Introduction: Why E-1/E-2 Visas Matter in 2025
In 2025, entrepreneurs from treaty countries continue to rely on the E-1 and E-2 visas as two of the most flexible ways to live and work in the United States. These categories remain attractive because they are renewable, family-friendly, and tied to real business activity rather than speculative investments.
Some recent developments make them particularly relevant. French nationals now enjoy an extended 48-month validity for E-2 visas, a benefit that goes beyond the standard 24-month validity applied to most treaty countries. Portugal, which was officially added to the treaty country list in 2023, has opened new opportunities for Portuguese founders who want to establish or expand their businesses in the U.S. At the same time, the number of E-2 visas issued climbed to an all-time high of 54,812 in FY 2023, underscoring both strong demand and consistent adjudication by U.S. consulates.
These updates show how the E-1 and E-2 categories continue to evolve and why they remain central to many entrepreneurs’ plans in 2025.
Overview of E-1 and E-2 Visas
Although they are often mentioned together, the two visas serve very different purposes.
- E-1 (Treaty Trader Visa): Designed for entrepreneurs and companies engaged in substantial trade between the U.S. and their treaty country. Trade can involve goods, services, or technology, but it must be principal, continuous, and well-documented.
- E-2 (Treaty Investor Visa): Intended for individuals or companies making a substantial investment in a U.S. business. This visa is particularly popular with founders who are launching or acquiring startups.
Both are non-immigrant visas, meaning they do not provide a direct path to a green card. However, they can be renewed indefinitely as long as the qualifying trade or investment continues.
Eligibility criteria: Who Qualifies for an E-1 or E-2?
To qualify for either visa, an applicant needs to meet several core requirements. While both visas share the same nationality requirement, they differ fundamentally in their business focus.
Common Requirement for Both Visas:
- Treaty Country Citizenship: The applicant must be a citizen of a country that holds a valid commerce treaty with the U.S. As of 2025, this includes over 80 countries.
Specific Requirements for the E-1 Visa (Trade):
- Principal Trade: The international trade must be “principally” between the U.S. and the treaty country, meaning more than 50% of the company’s total international trade volume is between these two countries.
- Substantial & Continuous Trade: The flow of trade must be substantial and continuous, not just a single transaction.
- Applicant’s Role: The applicant holds an executive or supervisory role or has skills essential to the enterprise’s U.S. operations.
Specific Requirements for the E-2 Visa (Investment):
- Substantial Investment: The applicant has made a substantial capital investment in a U.S. business.
- Ownership & Control: The applicant owns at least 50% of the business or has operational control.
- Non-Marginal Enterprise: The business is not “marginal,” meaning it has the capacity to generate more than a minimal living and ideally will create jobs for U.S. workers.
Key Differences Between E-1 and E-2
Think of the distinction this way: the E-1 is about flows, while the E-2 is about foundations.
The E-1 works for businesses built on cross-border trade moving goods, services, or technology between your treaty country and the United States. The E-2 is meant for those who are planting capital into a U.S. business they will build and direct.
Both visas are issued for two to five years, depending on reciprocity rules. Each entry typically grants a two-year stay, recorded on your I-94. France is a notable exception, with 48-month E-2 visas now available.
Quick Comparison: E-1 vs E-2 in 2025
| Feature | E-1: Treaty Trader Visa | E-2: Treaty Investor Visa |
| Core Idea | Substantial trade between the U.S. and your treaty country. | Capital investment in a U.S. business you direct. |
| Eligibility | At least 50% of trade must be with the U.S. | Substantial, proportional investment (often $100k–$200k, but depends on the business). |
| Control | At least 50% owned by treaty nationals. | At least 50% ownership or clear operational control. |
| Validity & Renewal | 2–5 years, renewable; each entry = 2-year stay. | 2–5 years, renewable; France = 48 months; each entry = 2-year stay. |
| Family Benefits | Spouses can apply for work authorization; children under 21 can study. | Same benefits: spouse can work; children can study but age out at 21. |
| Limitations | No direct green card path; tied to ongoing trade. | No direct green card path; tied to business viability. |
Latest Trends and Policy Updates
The landscape for E-1 and E-2 visas is constantly evolving. As of 2025, several key trends and policy updates are shaping how founders plan their U.S. entry.
- Strong Growth in E-2 Visa Issuances: The number of E-2 visas issued has shown significant growth, reaching a multi-year high. This signals strong interest from entrepreneurs and consistent processing at U.S. consulates.
- Country-Specific Updates: French nationals now benefit from an extended 48-month validity for E-2 visas, a significant advantage over the 24 months typical for most countries. Additionally, Portugal’s inclusion as a treaty country since 2023 has opened this pathway to a new group of entrepreneurs.
- Broader Shift to Mandatory In-Person Interviews: A U.S. government-wide policy shift now requires nearly all nonimmigrant visa applicants aged 14–79 to attend an in-person consular interview. While not specific to the E-category, this change ends many of the interview waivers that were previously available and is expected to impact processing times at some locations.
- Renewals and Long-Term Viability: For both E-1 and E-2 renewals, the standards get higher over time. Officers will expect to see evidence of sustained growth, such as increasing revenue, profits, and the hiring of U.S. workers as projected in your original business plan.
How long does the E-1 or E-2 process take in 2025?
The answer depends on where you apply. If you file for a change of status inside the U.S. using Form I-129, expect several months of processing. Premium Processing may sometimes be available for related petitions, but not consistently for E categories and even then, it only accelerates the USCIS decision, not the visa stamp.
For consular processing, timing varies by post. Some consulates can schedule interviews within weeks, while others may take months. Beginning September 2, 2025, nearly all applicants aged 14–79 will be required to attend an in-person interview (unless they qualify for a limited exception), which is expected to increase wait times.
4 tips to keep in mind:
- Submit a complete application with a solid business plan, contracts, and financial evidence.
- Confirm local consulate requirements, since document checklists differ.
- Avoid underfunded or paper-only cases.
- Plan ahead using the Visa Appointment Wait Times tool.
How to Choose the Right Visa for Your Business
The right path depends on your business model and resources:
- If your business is built on cross-border trade, and most of that trade is with your treaty country, the E-1 is a natural fit.
- If you are investing in or acquiring a U.S. business, the E-2 is usually the stronger option.
- If you rely mostly on U.S. investor funding with little personal capital, you may need to structure your case as an E-2 Executive/Employee rather than as an investor.
Choosing correctly at the start saves time, avoids denials, and positions your business for smoother renewals later.
How does the E-1/E-2 application process work?
While every case is unique, the general application path involves these key stages:
1. Confirm your treaty eligibility.
Start with your passport. Only citizens of treaty countries can qualify, and you’ll need to apply using that nationality. If you hold dual citizenship, be ready to show why you’re applying under the treaty passport.
2. Choose the right category.
Before you collect documents, clarify whether your business is driven by trade (E-1) or investment (E-2). This decision shapes the entire case: the evidence you’ll prepare, the way you’ll structure your company, and even the consulate’s expectations.
3. Build your business package.
Consular officers want proof that your enterprise is real and operational — not just an idea. That usually means providing a commercial lease, signed contracts, invoices, payroll records, or proof of purchased equipment. For E-2, show exactly how your funds were invested and why the amount is substantial for your type of business.
4. Organize your personal documentation.
Alongside business evidence, you’ll submit your passport, ownership records, bank statements tracing your investment, and proof that the funds came from a lawful source. The clearer the “paper trail,” the stronger your case.
5. File your application.
If you are in the U.S., this means submitting Form I-129 to USCIS for a change of status. If you are abroad (or plan to travel), you’ll file Form DS-160 and DS-156E with your local consulate together with supporting evidence. Each consulate has its own document checklist, so always confirm what your post requires.
6. Prepare for the interview.
Most applicants will need to attend an in-person consular interview. This is where you’ll explain your role, your business plan, and why your enterprise meets the treaty requirements. Officers are especially focused on whether the business is genuine, properly funded, and able to generate jobs.
7. Receive your approval and entry.
If the petition is approved, your visa is stamped into your passport. Each time you enter the U.S., you are typically granted a two-year stay as recorded on your I-94 — even if your visa itself is valid for longer.
Conclusion
The E-1 and E-2 visas remain a reliable way for treaty-country entrepreneurs to build and grow businesses in the United States. Whether your path is through trade or investment, success depends on preparation — documenting your enterprise clearly, keeping your status valid, and planning for the long term.
Every case is unique. Your personal history, funding structure, and business goals all shape what’s possible. That’s why articles like this can guide you through the landscape, but the right next step is always to consult a licensed U.S. immigration attorney who can tailor a strategy to your situation.
FAQ
Can I switch from an E-1 or E-2 visa to a green card?
Do E-1 and E-2 visas allow remote or online businesses?
Remote or online businesses may qualify in some cases, but they must still demonstrate that there is real, ongoing activity that meets the visa standards. For E-1, this means showing substantial trade between the treaty country and the U.S. For E-2, it means proving an active investment that puts funds at risk and supports a functioning enterprise. Purely speculative or passive online ventures are unlikely to meet these requirements.Can I bring employees from my home country under an E-1 or E-2 visa?
Both categories permit companies to request visas for certain employees of the same treaty nationality, but the employee’s role must be clearly defined and essential to the U.S. business. Typically, this involves executive, managerial, or specialized skill positions. The key point is demonstrating that the role is indispensable to the success of the enterprise, not easily replaceable in the U.S. labor market.
Need help with your case? Schedule a call with our customer care team. They’ll be happy to discuss your needs and connect you with an immigration attorney.
