E-2 Visa in 2026: Treaty Countries, Investment Amount, and the 3-Year Rule

The E-2 visa is a US nonimmigrant visa for an investor who puts their own money into a real American business and manages it personally. It is available only to nationals of a country that has a treaty of commerce or investment with the United States (treaty country). Among the countries of Central Asia, the Caucasus, and Eastern Europe, in 2026 these are Kazakhstan, Kyrgyzstan, Ukraine, Georgia, Armenia, Azerbaijan, and Moldova. Russia, Uzbekistan, Tajikistan, Turkmenistan, and Belarus have no such treaty. The law does not set a fixed minimum investment amount.

In short:

• The E-2 visa is available only to nationals of treaty countries. According to the State Department table as of October 15, 2026, these include Kazakhstan, Kyrgyzstan, Ukraine, Georgia, Armenia, Azerbaijan, Moldova, as well as Grenada and Turkey.
• There is no minimum amount. The investment must be "substantial" relative to the cost of the specific business and already committed (at risk), and the business must be real and not "marginal."
• Since December 23, 2022, a restriction applies: anyone who acquired treaty-country citizenship through investment (for example, a Grenada passport) must have lived in that country for at least 3 continuous years to apply for an E-2.
• Since 2022, the investor's spouse can work without a separate permit (employment authorized incident to status). Children under 21 can study but not work.
• The E-2 does not lead directly to a green card. The immigrant visa pause for 75 countries and visa bonds do not apply to the E-2.

Which countries qualify for the E-2 visa in 2026

E-2 eligibility depends not on where you live or where your business is registered, but solely on citizenship. If you live in Moscow but hold a Kazakhstan passport, you can apply for an E-2 as a citizen of Kazakhstan. The reverse is also true: a residence permit in a treaty country does not confer E-2 eligibility.

Below is data from the official State Department table (Treaty Countries) and reciprocity pages as of October 15, 2026. Visa validity is the period for which the consulate issues the visa in the passport. It is not the same as the period of stay in the US: on entry in E-2 status, an investor is usually admitted for 2 years, even if the visa itself is valid for 3 months.

The consular fee for an E visa (MRV fee) is $315. According to the reciprocity pages we checked, no additional issuance fee (reciprocity fee) is charged to nationals of these countries. Among the former Soviet republics, Latvia, Lithuania, and Estonia also have E-2 treaties.

Important: the State Department table is updated periodically, and individual countries' reciprocity pages less often. Before applying, verify the visa validity on the website of the US Embassy in your country.

Why Uzbekistan and Russia have no E-2

The E-2 arises only from a bilateral treaty that has entered into force. There are no such treaties with Uzbekistan, Tajikistan, Turkmenistan, Russia, or Belarus. So searches like "E-2 Uzbekistan" and "E-2 visa for Russians" in practice come down to one of two options: a different visa (for example, O-1, EB-5, EB-2 NIW) or a second citizenship of a treaty country. We cover the second path below.

How much to invest: the minimum amount for a US investor visa

The most common question is "US investor visa: minimum amount." The short answer: there is no statutory minimum for the E-2. USCIS and the State Department apply a proportionality test. The amount must be substantial relative to the cost of purchasing or establishing the specific business and sufficient for the business to actually operate.

The logic of the test: the less expensive the business, the larger the share of its cost the investor must contribute. For a small service company worth $120,000, the consulate usually expects the investor to put in almost all of it personally. For a business worth several million, a smaller share of personal funds and debt financing not secured by the business's own assets are acceptable.

In practice, many approved small-business cases start at roughly $100,000–150,000. But that is a market observation, not a rule. An $80,000 case can be strong, and a $300,000 case can be weak if the money has not been invested or the business cannot generate income.

What "at risk" investment means

The money must already be spent or irrevocably committed to the business: lease, equipment, build-out, inventory, licenses, payroll, purchase of an existing company. The State Department states plainly that uncommitted or revocable funds in a bank account generally do not count as an investment. A typical tool is escrow, where the funds are released to the seller only upon visa issuance.

You also need to document the lawful source of funds: sale of real estate, savings, dividends, a gift, a loan secured by personal assets. A loan secured by the business's own assets does not qualify.

Example: a Kazakhstan citizen buys a coffee shop franchise in New Jersey with a total cost of $210,000. She contributes $190,000 of her own funds: the franchise fee, lease, equipment, and build-out are already paid, and the rest is in escrow pending the consulate's decision. The money came from the sale of an apartment in Almaty, supported by a sale contract and a bank statement. This is an illustration, not a real case: the outcome depends on the business plan, the documents, and the officer's assessment.

Core E-2 visa requirements

Beyond the amount, the consulate and USCIS check several conditions at once.

• Treaty-country citizenship of the investor and nationality of the business: at least 50% of the company must be owned by nationals of the same treaty country.
• Control: at least 50% ownership or operational control through a position. The investor comes to "develop and direct" the business, not to work in it as an employee.
• A real operating enterprise (bona fide enterprise): a commercial activity that generates profit. Passive investments — land, stocks, renting out a single apartment — do not qualify.
• A non-marginal business: it must generate more than the minimum needed to support the investor's family, or have a significant economic impact — for example, jobs. For a new business, USCIS allows such income to materialize within five years. A business plan with hiring is the key document here.
• Intent to depart after E-2 status ends. You are not required to keep a permanent residence abroad, but immigrant intent at the time of filing must be taken into account.

Company employees can also obtain E-2 status if they share the business's nationality and hold an executive/supervisory position or have essential skills.

Treaty-country citizenship: Grenada, Turkey, and the 3-year rule

Nationals of Uzbekistan, Russia, Tajikistan, and other non-treaty countries are often offered a second citizenship for purchase. The best-known options are Grenada and Turkey.

Grenada is the only Caribbean citizenship-by-investment program with an E-2 treaty with the US (since March 3, 1989). According to public program and consultant data, the minimum non-refundable fund contribution in 2026 is about $235,000. Official pricing should be verified with the Investment Migration Agency Grenada.

Turkey has E-1 and E-2 treaties with the US, and the visa is issued for 60 months. Turkish citizenship by investment is usually obtained through a real estate purchase from $400,000. Program terms change and should be checked as of the transaction date.

The three-year rule (AMIGOS Act)

On December 23, 2022, the NDAA (P.L. 117-263, section 5902) amended INA §101(a)(15)(E). If you acquired treaty-country citizenship through a financial investment, for an E-1 or E-2 visa you must show that you were domiciled in that country for at least 3 continuous years. The rule does not apply to those who already held E status. Nor does it apply to those who acquired citizenship other than through investment — by birth, marriage, or naturalization after residence.

In practice, this means a "fast" Grenada passport no longer gives immediate E-2 eligibility. You need three years of actual life in the country, with evidence. The State Department does not publicly detail the exact domicile criteria, so discuss this part of the strategy with an immigration attorney.

Important: Grenada is on the list of 75 countries for which immigrant visas were suspended in January 2026. That measure did not apply to the E-2, and as of August 21, 2026, it was struck down by a court. Details are in our article on the lifting of the immigrant visa pause.

How to apply for an E-2: consulate or change of status in the US

There are two paths, and they produce different results.

Through a US consulate

1. Register the US company, make the investment, sign the lease, hire — before applying.
2. Complete Form DS-160 and get the submission confirmation.
3. Form DS-156E. Per the State Department, it is mandatory for E-1 applicants and for E-2 employees (executives and specialists). Many embassies additionally require their own package: a business plan, evidence of investment and source of funds.
4. Pay the $315 fee and attend the interview. Since September 2, 2025, most nonimmigrant visa applicants must attend an in-person interview. Since September 2025, you must apply in your country of nationality or residence.

The advantage of the consular path is a visa in the passport: you can leave and re-enter within its validity. Each entry usually gives a new two-year period of stay.

Change of status within the US (I-129)

If you are in the US lawfully in another nonimmigrant status, you can file Form I-129 with USCIS. The base fee for a paper I-129 filing in the E category is $1,015, plus the Asylum Program Fee ($600, or $300 for an employer with up to 25 employees). Premium processing costs $2,965 as of March 1, 2026. The spouse and children file I-539. The full list of fees is in our article on USCIS fees in 2026.

The limitation: an approved I-129 grants status, but not a visa. After your first departure from the US, you need to obtain an E-2 visa at a consulate and go through review again. For nationals of Kyrgyzstan and Azerbaijan, with a single-entry three-month visa, this is especially important to factor into travel planning.

How long the E-2 lasts and how to extend it

USCIS admits the investor for up to 2 years. Extensions are granted in 2-year increments, with no limit on the number of extensions as long as the business operates and meets the requirements. A new visa in the passport can be obtained at a consulate within the validity set by reciprocity for your country.

At extension, the same things are reviewed as at the initial filing, but now based on actual results: revenue, tax returns, employees, consistency with the business plan. If the business is not growing, the extension becomes a problem.

The investor's family: can the spouse work, what about the children

The spouse and unmarried children under 21 receive derivative E-2 status. They do not have to be nationals of the treaty country.

Spouse. Since January 30, 2022, USCIS and CBP issue spouses an I-94 with the E-2S code. Such a spouse can work for any employer without a separate EAD — work is authorized by the status itself (employment authorized incident to status). An unexpired I-94 marked E-2S serves as proof for the employer. As of October 15, 2026, this rule is in effect. If the E-2S code was not entered at admission, it should be corrected right away — more in our article on work permits in 2026.

Children. Children can attend US schools and universities without an F-1 visa, but cannot work. At 21, a child loses derivative status and needs their own — most often F-1. This transition is best planned 1–2 years in advance.

Does the E-2 lead to a green card

Not directly. The E-2 can be extended indefinitely, but it does not convert into permanent residence. That said, years in E-2 status are often used as a bridge to one of the immigrant paths:

• EB-5 — an investment green card with a fixed amount and a requirement to create 10 jobs;
• EB-1C — for an executive of a multinational company, if the business has a foreign affiliate and the foreign employment requirement is met;
• EB-2 NIW or EB-1A — if the investor's profile meets the criteria;
• family-based grounds, including marriage to a US citizen.

Filing an immigrant petition creates a conflict with the "intent to depart" requirement, especially when renewing the visa at a consulate. The sequence of steps should be planned in advance. An overview of all paths is in our article on ways to get a green card.

What changed in 2025–2026 and what does not affect the E-2

The $250 "visa integrity fee" is provided for by the law of July 4, 2025. Whether it is actually charged to E-2 applicants is not confirmed as of publication (October 15, 2026). The list of restricted countries is in our article on US restrictions in 2026.

What to do now

1. Check your citizenship against the Treaty Countries table on travel.state.gov. If you have two passports, evaluate both.
2. If you acquired citizenship through investment, calculate whether you have 3 years of domicile and gather evidence of residence.
3. Define the business and the budget. Assess proportionality: what share of the total cost you are contributing yourself.
4. Gather documents proving the lawful source of funds across the entire chain — from earnings to the transfer to the US.
5. Prepare a 5-year business plan with hiring and revenue projections.
6. Decide where to apply: a consulate in your country of nationality or residence, or I-129 within the US if you are already here lawfully.
7. Order certified translations of all foreign documents. Requirements are in our article on translations for USCIS.
8. Think through your path to a green card in advance and discuss it with an immigration attorney before filing.

How M&M can help

• We prepare the E-2 document package: the structure of evidence of investment, source of funds, and company operations, and Forms DS-160, DS-156E, or I-129/I-539.
• We provide certified translations and notarization at our office in Brooklyn.
• Legal strategy — choice of country, assessment of the 3-year rule, path to a green card — is handled by our partner licensed immigration attorneys.

You can start with a free assessment of your situation or contact us directly.

Sources

• U.S. Department of State — Treaty Countries (treaty country table)
• U.S. Department of State — Treaty Trader and Treaty Investor Visa (E)
• USCIS — E-2 Treaty Investors
• USCIS Policy Manual — Employment Authorization for H-4, E and L Dependent Spouses
• U.S. Department of State — Reciprocity: Kazakhstan
• U.S. Department of State — Fees for Visa Services
• U.S. Department of State — Proclamation 10998
• Global Immigration Blog — Three-year foreign domicile requirement for E visa applicants (P.L. 117-263 §5902)
• Greenberg Traurig — USCIS premium processing fees effective March 1, 2026

This material is for informational purposes only and is not legal advice. M&M Document Preparation is not a law firm. Information is current as of October 15, 2026.