E-2 treaty investor service
For treaty investors building or operating a qualifying US business
The E-2 visa is generally for eligible treaty-country nationals who invest a substantial amount of capital in a qualifying U.S. business they will develop and direct.
Most E-2 investors apply at a U.S. embassy or consulate abroad. That application is made in the E Visa segment of Form DS-160, which is completed and submitted online with the Department of State — there is no paper version, and no tool can prepare it for you. Form I-129 is only for someone already in the United States seeking a change of status, and even then it grants status rather than a visa, so travel abroad still means a consular application. This page explains the requirements and the evidence; it does not prepare an E-2 application.
3 forms explained on this page
Understand the requirements, the evidence, and where your application is actually filed
This page is reference only — it asks you for nothing and stores nothing
Forms for this service
Which form applies depends entirely on where you are. Haven does not prepare any of these — this list is here so you know what to expect and can avoid the wrong one.
DS-160, Online Nonimmigrant Visa Application — the E Visa segment is the application for an investor abroad. Filed online with the Department of State at ceac.state.gov.
Form I-129, Petition for Nonimmigrant Worker, with the E-1/E-2 Classification Supplement — only for an investor already in the United States requesting a change of status.
Form I-539, Application to Extend/Change Nonimmigrant Status — for a spouse and children already in the United States.
FAQ
Answers below are summarized from official USCIS or U.S. Department of State guidance linked with each item.
It depends entirely on where you are. An investor abroad applies at a U.S. embassy or consulate by completing the E Visa segment of Form DS-160, which the State Department accepts only online — there is no paper or PDF version. Form I-129 is only for someone already in the United States requesting a change of status.
Source: U.S. Department of State: DS-160 Online Nonimmigrant Visa ApplicationNo. USCIS applies a proportionality test rather than a fixed dollar figure: the investment must be substantial in relation to the total cost of buying or creating the enterprise, and enough to show a real commitment. It must also be more than marginal, meaning it cannot exist only to earn you a living. Whether a given amount qualifies is a legal judgment about your specific business.
Source: USCIS: E-2 Treaty InvestorsUSCIS says the investor generally must be a national of a treaty country, have invested or be actively investing a substantial amount of capital in a bona fide U.S. business, and be coming to develop and direct that enterprise.
Source: USCIS: E-2 Treaty InvestorsNo. USCIS says a request for E-2 classification cannot be made on Form I-129 if the person is physically outside the United States; that path goes through the Department of State.
Source: USCIS: E-2 Treaty InvestorsUsually yes. USCIS says spouses and unmarried children under 21 may seek E-2 dependent classification, and family members already in the United States may use Form I-539 for change or extension of status.
Source: USCIS: E-2 Treaty Investors