E2 Visa USA
Planning to invest in a business in the United States? The E-2 Treaty Investor Visa lets Filipino entrepreneurs and investors live and work in the US while running their own enterprise.
Total Law’s immigration lawyers can help Filipino investors build strong E-2 Visa applications, including compiling supporting documentation. Call us today on +1 844 312 4979 or contact us online to speak with our team about your application.
What Is the US E-2 Visa?
The E-2 Visa, officially known as the Treaty Investor Visa, is a non-immigrant visa that allows citizens of certain treaty countries to live in the United States while they develop and direct a business they have invested in.
Unlike some US visa categories, the E-2 is not capped by an annual quota, and there is no fixed minimum investment amount.
Instead, an applicant must show they have made, or are actively making, a “substantial” investment in a real, operating US business, and that they intend to direct that business themselves.
This route exists because of bilateral treaties of commerce and navigation between the US and roughly 80 countries. The Philippines has held treaty status with the United States since 1955, making Filipino citizens eligible to apply, provided they meet the visa’s other requirements.
Page Contents
- What Is the US E-2 Visa?
- US E2 Visa Requirements for Filipino Investors
- Required Investment for an E2 Visa
- Dependents on E2 Visa US
- Required Documentation for an E-2 Visa Application
- How to Apply for an E2 Visa USA
- E2 Visa Processing Time
- E2 Visa Application Fees
- E2 Visa to Green Card in USA
- In Which Cases Does the US Consulate Reject an E-2 Visa Application?
- Extension of the E2 Visa in USA
- International Entrepreneur Parole Program (IEPP) as an Alternative to the E2 Visa
- How Can Total Law Help?
- Frequently Asked Questions
For Filipino nationals specifically, the E-2 route also has practical appeal, as it does not require a long green card backlog and does not depend on finding a US employer willing to sponsor.
The Philippines and the US also share similarities in commercial and legal frameworks, which often makes it easier for Filipino investors to structure and register a US enterprise.
The visa is temporary and renewable, rather than a path to a green card.
It is usually granted for an initial period of up to two years and can be extended indefinitely, provided the business continues to operate and the investor continues to meet the requirements.
As eligibility, investment size, and business viability are all assessed by a consular officer, it helps to have your application reviewed by an immigration lawyer beforehand.
Speak to our E-2 Visa lawyers to find out whether your business idea and investment would meet the requirements.
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US E2 Visa Requirements for Filipino Investors
Overview
To qualify for the E-2 Visa, both the applicant and the US business must meet specific conditions under US immigration law, including:
- Are a citizen of the Philippines or another qualifying treaty country
- Have invested, or are actively in the process of investing, a substantial amount of capital in a real and operating US business
- Intend to develop and direct the business, usually shown through at least 50% ownership of the enterprise, or a managerial or supervisory role with operational control
- Plan to leave the United States once your E-2 status ends
You will also need to show that the funds used for your investment were obtained lawfully and were not sourced, directly or indirectly, from criminal activity.
In addition to investors themselves, employees of an E-2 business may also qualify for E-2 classification as a specialist or essential skills worker, provided they share the same nationality as the principal investor or the qualifying enterprise, and their role is executive, supervisory, or requires specialized skills essential to the company’s operations.
This can allow a Filipino-owned E-2 business to bring over key staff members from the Philippines as the company grows.
Requirements for the US Company
The business you invest in must also meet certain standards.
It must be:
- A real, active commercial enterprise producing goods or services for profit, rather than a shell company or a passive investment such as undeveloped land or stocks
- Legally established and operating in the United States
- More than “marginal,” meaning it must have the capacity to generate more income than is needed to provide a basic living for you and your family, or to make a meaningful contribution to the US economy, for example, by creating jobs
There is no official list of approved industries for the E-2 Visa, nor is there a single “best” business. Filipino applicants have successfully used the visa to launch or acquire restaurants and food franchises, laundromats, retail stores, logistics and import-export companies, IT and consulting firms, and professional services firms such as accounting practices.
What matters most to a consular officer is whether the business matches your genuine experience and capital, generates real income, and shows a credible plan for growth. For many Filipino applicants, that has meant sectors they already know well: food and hospitality, retail, logistics, or professional services.
Weighing up your options for a US business? Speak to our immigration lawyers for a full assessment of your case. Call us on +1 844 312 4979.
Required Investment for an E2 Visa
Overview
US immigration law does not set a fixed minimum amount for the E-2 Visa. Instead, officers apply a “proportionality” test: the lower the total cost of the business, the higher the percentage of that cost your investment generally needs to represent to be considered substantial.
As a practical guide, most successful E-2 applications involve an investment of at least $100,000, though this varies by business type. A CPA firm or consulting practice with modest startup costs may need a smaller investment than a restaurant or retail store with significant equipment and premises costs.
Your investment also needs to be “at risk.” This means the capital must be genuinely committed to the business and exposed to loss if it fails, rather than sitting in a personal account or a passive holding.
E 2 Visa Investment Examples
Here are some of the ways Filipino investors commonly structure a qualifying E-2 investment:
- Franchise businesses – Buying into an established US franchise, such as a food outlet, retail chain, or service business, can be a lower-risk route into the E-2 program, since many franchisors provide training and existing business systems
- Acquiring an existing business – Purchasing a business that is already operating can make it easier to show the enterprise is real and capable of generating income
- Starting a new enterprise – Some investors set up a new company in a sector where they have prior experience, such as logistics, food service, IT, or professional services, using their investment to cover setup costs, equipment, and working capital
- Investment in equipment and inventory – Beyond cash, an E-2 investment can also include the value of equipment, inventory, and intellectual property committed to the business
The right structure depends on your available capital, business experience, and goals. Our lawyers can talk you through the investment options that are most likely to succeed.
Your investment needs to be proportionate to the size of the business and large enough to demonstrate your genuine commitment to the enterprise’s success. There is no fixed dollar threshold, but a consular officer looks at the ratio between what you have put in and what the business is actually worth, not a specific number.
The business itself needs to be a genuine, active enterprise intended to trade, rather than a paper company or a speculative venture set up mainly to obtain a visa. It has to be lawfully established, capable of producing goods or services for profit, and able to generate income beyond simply supporting you and your family.
Dependents on E2 Visa US
Once your E-2 Visa is approved, your spouse and any unmarried children under 21 may be eligible to join you in the United States as E-2 dependents.
Dependents do not need to be citizens of the Philippines or any other treaty country to qualify, since eligibility is based on their relationship to you as the principal applicant.
E-2 spouses are automatically authorized to work incident to their status and can take up employment with any US employer without needing to apply separately. Dependent children can not work, but they may attend school for as long as your E-2 status remains valid.
How Can I Help a Family Member Obtain an E-2 Visa?
As the principal E-2 investor, you can help your spouse and children apply for their own E-2 dependent visas based on your approved status. This usually involves submitting Form DS-160 for each dependent, along with evidence of your relationship, such as a marriage certificate or your children’s birth certificates.
Our team can prepare this documentation alongside your main application to keep the whole family’s case moving together.
Applying for the E-2 Visa with your family? Our lawyers can guide you and your dependents through the process together. Get in touch on +1 844 312 4979.
Required Documentation for an E-2 Visa Application
For your E-2 Visa application, you will need to gather:
- Form DS-160, completed and signed
- Your Philippine passport, valid for at least six months beyond your intended stay
- Proof your investment funds were obtained legally, such as bank records, tax returns, or a business sale agreement
- Evidence that the funds have been invested or are irrevocably committed to the US business
- Formation documents for the US business, such as articles of incorporation
- A business plan showing projected income, staffing, and growth
- Financial projections or contracts showing the enterprise is more than marginal
- One passport-style photograph meeting US visa requirements
- Marriage or birth certificates for any dependents included in your application
Because the E-2 Visa is treaty-based, requirements and reciprocity terms vary slightly by nationality.
For Filipino applicants, build your case around clear, well-organized evidence from the outset, since the US Embassy in Manila will expect a thorough paper trail showing where your investment funds came from and how they have been used.
How to Apply for an E2 Visa USA
How you apply differs slightly depending on whether you’re applying from the Philippines or already in the United States on another visa.
Applying from the Philippines involves completing Form DS-160, paying the relevant application and issuance fees, scheduling and attending a visa interview at the US Embassy in Manila, and submitting your full set of supporting documents, including evidence of your investment, business plan, and personal eligibility. A consular officer will then assess whether you meet the E-2 requirements at the interview.
Already in the US on a different valid status? It may be possible to apply for a change of status to E-2 through USCIS using Form I-129, rather than attending a consular interview abroad.
Immigration policies and consular procedures can change. We recommend confirming the latest fees, forms, and processing expectations with an immigration lawyer before you submit your application.
E2 Visa Processing Time
E-2 visa processing time depends heavily on where you apply from and the current workloads at the relevant consulate or USCIS service center.
Processing through the US Embassy in Manila can typically take anywhere from a few weeks to several months, depending on interview appointment availability and the complexity of your case.
For a change of status filed from within the United States through USCIS, standard processing can take several months, though premium processing, when available, can significantly reduce this time for an additional government fee.
Because timelines can shift and a poorly prepared application is more likely to face delays, it is worth building in extra time and working with a lawyer who can keep your documentation on track from the start.
E2 Visa Application Fees
An E-2 Visa application involves several separate government fees, depending on whether you are applying at a US Embassy or Consulate, or petitioning for a change of status from within the United States.
| Fee Type | Amount | Description |
|---|---|---|
| E Visa Application Fee (Form DS-160, consular processing) | $315.00 | Paid to the US Embassy or Consulate for the E Treaty Trader/Investor non-immigrant visa application |
| Form I-129 (Change of Status) – standard fee | $1,015 | Filing fee for petitioning USCIS for a change of status to E-2 |
| Form I-129 (Change of Status) – small employer/non-profit | $510 | Reduced filing fee available to qualifying small employers and non-profits |
| Form I-539 (Dependents) – online filing | $420 | Filing fee per dependent included in a change of status petition, filed online |
| Form I-539 (Dependents) – paper filing | $470 | Filing fee per dependent included in a change of status petition, filed on paper |
| Premium Processing – Form I-129 (E-2 petitioner) | $2,805 | Optional fee for 15-calendar-day expedited processing of the E-2 petition |
| Premium Processing – Form I-539 (dependents) | $1,965 | Optional fee for expedited processing of a dependent’s change of status |
There may be additional costs to factor in beyond government filing fees, such as certified bank statements, business formation costs, accounting fees, and travel to your consular interview. Our team can walk you through the full cost picture for your specific case.
E2 Visa to Green Card in USA
This is a non-immigrant, temporary visa rather than a direct route to a green card, and applicants must show an intention to return to the Philippines once their E-2 status ends.
If a consular officer believes you are using the E-2 route purely as a stepping stone to permanent settlement, your application could be refused.
However, many E-2 Visa holders do go on to pursue permanent residence through a separate category later.
Common pathways include:
- Employer sponsorship through the PERM labor certification process
- The EB-5 Immigrant Investor Visa is for those able to significantly increase their investment and meet EB-5 job creation requirements
- A National Interest Waiver, for individuals whose work is considered to be of substantial benefit to the US
- Family-based sponsorship, if you have a qualifying US citizen or green card holder relative
Each of these routes has its own separate eligibility criteria, and switching from E-2 to an immigrant category takes careful planning. Speak with our team about your long-term options in connection with your E-2 application.
In Which Cases Does the US Consulate Reject an E-2 Visa Application?
A US consular officer may refuse an E-2 Visa application for a number of reasons, including:
- Investment funds that can not be clearly traced to a lawful source
- An investment that isn’t considered “substantial” relative to the cost of the business
- A business judged to be “marginal,” without the capacity to generate meaningful income
- Weak evidence of the applicant’s ownership or operational control
- Doubts that the applicant intends to leave the US once E-2 status ends
- Incomplete or inconsistent supporting documents
Many refusals stem from weak or poorly organized evidence rather than from the business itself being ineligible. A well-prepared application gives you the strongest chance of success.
Extension of the E2 Visa in USA
Extensions come in increments of up to two years, and there is usually no limit on how many times you can renew, provided the underlying enterprise stays active and you continue to meet the E-2 requirements.
If there is a significant change to the business, such as a merger, acquisition, or change in ownership structure, you’ll usually need to notify USCIS and may need to file a new petition to maintain your status.
International Entrepreneur Parole Program (IEPP) as an Alternative to the E2 Visa
The International Entrepreneur Parole Program (IEPP) is sometimes viewed as an alternative to the E-2 Visa, but it works quite differently. The IEPP is not a visa but a discretionary parole program that allows the Department of Homeland Security to grant certain foreign entrepreneurs temporary permission to remain in the US if their startup is deemed to provide significant public benefit.
Unlike the E-2 Visa, the IEPP is not limited to nationals of treaty countries and does not require the entrepreneur to personally invest capital, as it relies instead on qualifying investment from US investors or government grants. However, its eligibility requirements are generally more complex, and it grants parole rather than a formal visa status.
For most Filipino nationals, since the Philippines is an E-2 treaty country, the E-2 Visa remains the more straightforward, better-established route for investors and entrepreneurs. The IEPP is typically only worth considering where an E-2 application isn’t realistic.
How Can Total Law Help?
Applying for the E-2 Visa involves far more than filling out a form. You need to structure your investment correctly, demonstrate that your business is genuine and viable, and compile a consistent, thorough body of evidence that will withstand scrutiny by a consular officer.
Total Law’s immigration lawyers work with Filipino investors and entrepreneurs to build strong E-2 Visa applications from start to finish.
We can help you with:
- Assessing your eligibility and reviewing your proposed business and investment
- Advising on how to structure your investment to meet the “substantial” and “at risk” requirements
- Preparing your business plan and supporting documentation
- Guiding you through the application forms, including Form DS-160
- Helping your spouse and children apply for their own E-2 dependent visas
- Liaising with the US Embassy or USCIS on your behalf, and preparing you for your consular interview
This route carries real financial risk, and a refused application can mean lost time and lost investment. Working with an experienced immigration lawyer gives you the best chance of getting it right the first time.
Ready to start your E-2 Visa application? Call Total Law today on +1 844 312 4979 or fill out the online contact form for an initial discussion about your case.
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During this Advice Session, an immigration lawyer will assess your circumstances, explain your options and tell you what you need to do to make a strong application.
We review your circumstances, explain the relevant requirements, identify potential problems or refusal risks, and advise you on the evidence and next steps.
The Application Package
With our Application Package, your dedicated immigration lawyer will assess your case, prepare your application, check your supporting documents and submit your forms on your behalf.
We check your application for missing information, inconsistencies and potential issues before submission, helping you avoid common mistakes that could affect your case.
The Fast Track Package
Our Fast-Track Application Package gives your case priority with our immigration lawyers, helping you get your application prepared, checked and submitted as quickly as possible.
Your case receives priority handling, including accelerated document reviews, application preparation, communication with your caseworker and submission support.
The Appeal Package
Our immigration lawyers will review the decision, explain why it was refused and advise on the strongest option available to you, including an appeal, review or fresh application where appropriate.
We will examine the reasons for refusal, identify weaknesses or errors, assess your available options and provide the legal support and representation your case requires.
Related pages for your continued reading.
Frequently Asked Questions
Yes. The Philippines and the United States signed a treaty of commerce and navigation back in 1955, and that treaty status still stands today, so Filipino citizens are generally eligible to apply, provided they meet the visa’s investment and business requirements.
There is no legally fixed minimum. What matters is whether your investment is “substantial” relative to the business’s total cost. Lower-cost businesses may need a smaller investment overall, but a higher percentage of the total cost.
Yes, in some cases. Employees who share the principal investor’s Philippine nationality and work in an executive, supervisory, or specialized-skills role may also be eligible to apply for their own E-2 classification.
You’re not legally required to be in the US at all times, but you do need to be actively developing and directing the business. Spending significant time outside the US without a clear reason could raise questions about whether you’re genuinely running it.
If you sell your E-2 business or make a substantive change to its ownership, you’ll generally need to notify USCIS, and you may need to file a new petition to continue your status, based on a new investment or a revised arrangement.
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