United States · Business & founder

E-2 Treaty Investor Visa

Open Last verified July 2026

Open and unlimited in number, but the citizenship-by-investment back door was substantially closed on 27 December 2022 by PL 117-263 (the AMIGOS Act provision in the FY2023 NDAA). Anyone who acquired treaty-country nationality through a financial investment must now show three continuous years of domicile in that treaty country before qualifying for E-2. Citizenships acquired by investment BEFORE 27 December 2022 are not caught, and nationality acquired by descent, birth or marriage is not caught.

The 'buy a Grenada passport, get an E-2 next quarter' pitch that dominates the CBI market has been legally dead since December 2022 for anyone acquiring the citizenship after that date — you now need three years of genuine domicile in Grenada or Türkiye first. Marketers still sell the old story. Verify the acquisition date before anyone wires a contribution.

Qualifying routes

$150k
Direct treaty nationality

No statutory minimum. There is only a 'substantial' and 'proportional' test; in practice consulates rarely approve much under USD 100–150k, and marginal-enterprise refusals are common at the low end.

$235k
Via Grenada citizenship by investment

Grenada is an E-2 treaty country and is heavily marketed to Indian and Chinese nationals precisely because their own countries have no E-2 treaty. Contribution from USD 235,000 to the National Transformation Fund — but see the 3-year domicile bar for post-2022 acquirers.

$400k
Via Türkiye citizenship by investment

Türkiye is an E-2 treaty country; CBI via real estate from USD 400,000 or a USD 500,000 bank deposit. Same 3-year domicile bar applies to post-2022 acquirers.

The facts

Minimum investment
$150k
Total landed cost
USD 150k+ into a real operating business, plus USD 15–40k in counsel and business-plan work; if routed through Grenada or Türkiye add the CBI cost (roughly USD 235k+ or USD 400k+ respectively) and three years of actual domicile
Timeline
2–8 months — Consular E-2 processing varies enormously by post; some posts are 2–3 months, others considerably longer
Physical presence
No minimum, but the visa exists to let you direct and develop the enterprise; long absences undercut renewal
Family
spouse (work-authorised incident to status)unmarried children under 21 (no work authorisation; status ends at 21)
Permanent residency
None. E-2 is a non-immigrant status renewable indefinitely in 2-year increments — it never ripens into a green card.
Citizenship
None directly
Language test
n/a
Dual citizenship
Permitted
Requirements
nationality of a country with a qualifying US treaty of commerce and navigationfor CBI-acquired nationality post-27 Dec 2022: three continuous years of domicile in the treaty countrysubstantial, irrevocably committed and at-risk investment in a real, active, non-marginal US enterpriseat least 50% ownership or operational controlintent to depart the US when status ends
What can go wrong
  • The 3-year domicile bar for post-27-December-2022 CBI acquirers is the single most misrepresented fact in the Caribbean CBI market. Domicile means actually living there, not holding the passport.
  • India and China have no E-2 treaty — that is the entire reason the Grenada and Türkiye routes exist, and exactly the population the 2022 law targeted.
  • E-2 never becomes a green card. Families who spend a decade on E-2 and then need permanent residence must start over on EB-5, EB-1 or NIW.
  • Children age out at 21 and must find their own status — a real problem for families who arrive with teenagers.
  • Spending enough time in the US to run the business will usually make you a US tax resident under the substantial presence test, with worldwide income exposure. E-2 is an immigration solution, not a tax solution.
  • The investment must be 'substantial' relative to the business and cannot be 'marginal' — i.e. it must generate more than a living for the investor and family. Passive real estate does not qualify.
Sources (6)

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