VisaPalE-2 Treaty Investor
Investors from treaty countries like Korea who put substantial capital at risk in a real U.S. business and develop and direct it. Key employees of the same nationality can also qualify.
Last verified: 2026-09-25
Requirements
- You're a treaty national, and the business is at least 50% owned by treaty nationals.
- The investment must be 'substantial' and at risk; no fixed dollar minimum is set.
- 'Substantial' is judged against the business's total cost; cheaper businesses need a higher share.
- The business must be real, operating and not marginal (more than a basic living within 5 years).
- You must develop and direct it, with 50%+ ownership or operational control.
- Funds can't come from crime and must be irrevocably committed; escrow is allowed.
How long you can stay
Up to 2 years per admission, extendable in up to 2-year steps with no limit on how many. Each re-entry usually gives a new 2-year stay. The visa stamp's end date is separate from your I-94 date.
Timeline
Most Koreans apply for the visa at the U.S. Embassy in Seoul; USCIS can't take E requests from people outside the U.S. Inside the U.S., regular I-129 processing for E takes about 20 months (80% of cases). Many use premium processing (15 business days). Check current times.
Government fees
| Fee | Amount | Who usually pays |
|---|---|---|
| Visa application fee (E visa) Per person, paid for the interview at the U.S. Embassy in Seoul. For Koreans: no reciprocity issuance fee; multiple entries, up to 60 months. | $315 | Applicant |
| Form I-129 filing fee (E, inside the U.S. only) Only for a change of status or extension inside the U.S. $1,015 on paper, $965 online; small employers and nonprofits pay $510. | $1,015 | Petitioner |
| Asylum Program Fee (with Form I-129) $600 for most employers, $300 for small employers (25 or fewer full-time employees), $0 for nonprofits. | $600 | Petitioner |
| Premium processing (Form I-907) USCIS acts within 15 business days. The beneficiary can't file it; the petitioner does. | $2,965 | Petitioner |
| Spouse/child extension or change to E-2 (Form I-539) $470 on paper, $420 online. Needed only for family members inside the U.S. | $470 | Applicant |
| Optional spouse work card (Form I-765) Not required, since E-2S spouses can already work. $520 on paper, $470 online. | $520 | Applicant |
Abroad, the main government fee is the $315 visa fee per person. Your investment and business setup costs are separate.
Typical attorney fees
A public price page lists $8,500 for a legal package and $12,700 with company setup. A lawyer-bid marketplace reports an average near $6,880 (97 bids).
Spouse & children
Spouse and unmarried children under 21 can get E-2 dependent status, of any nationality. Spouses with an E-2S I-94 can work incident to status; an EAD is optional.
Work
You may work only in the approved activity for the treaty business. Big changes like a merger or sale need a new I-129 approval.
Path to a green card
E-2 has no built-in green card path, and you must intend to leave. Investors often explore EB-5, EB-1C or EB-2 NIW; ask a lawyer about timing.
Note for Korean applicants
South Korea has been an E-2 treaty country since Nov 7, 1957. Korean E-2 visas carry no reciprocity issuance fee and allow multiple entries for up to 60 months. Apply at the U.S. Embassy in Seoul.
Key documents
- Korean passport and proof of the company's Korean ownership
- Proof of invested funds and their lawful source (bank records, sale of assets)
- Proof the money is spent or committed: lease, purchase deals, receipts, escrow
- Business plan with 5-year financial projections and hiring plans
- Business registration, licenses, and payroll records if operating
Common pitfalls
- Money just sitting in a bank account usually isn't 'at risk'; it should be committed.
- A business that only supports your family can be refused as 'marginal'.
- Loans secured by the business's own assets don't count as your capital.
- Family members' I-94 dates don't reset unless they travel too; extend in time.
- After a job loss, the 60-day grace period is short, and a proposal would remove it.
Rules in flux
DHS proposes deleting the up-to-60-day grace period in 8 CFR 214.1(l)(2). If finalized, workers would be expected to leave right after their job ends, unless another status applies. It is a proposal only. Today the current rule still applies: up to 60 days, or until your I-94 ends if sooner.
An interim final rule lets USCIS require online filing for any form that has been available online for 180+ days. USCIS must post each requirement on its website at least 60 days ahead. People who can't e-file can ask for a waiver on Form I-936 ($25).
Official sources
- E-2 Treaty Investors — USCIS
- 9 FAM 402.9 — Treaty Traders, Investors, and Specialty Occupations (E Visas) — U.S. Department of State
- 8 CFR 214.2 — Special requirements for admission, extension, and maintenance of status (current text; includes the postponed F/J rule) — eCFR
- Fee Schedule (Form G-1055), edition 09/09/26 — USCIS
- 22 CFR 22.1 — Schedule of fees for consular services — eCFR
- U.S. Visa: Reciprocity and Civil Documents by Country — South Korea — U.S. Department of State
- Fees for Visa Services — U.S. Department of State
- Check Case Processing Times — USCIS
- How Do I Request Premium Processing? — USCIS
- 8 CFR 274a.12 — Classes of aliens authorized to accept employment — eCFR
General information, not legal advice. Rules change often. Check the official source and talk to a licensed immigration attorney before you act.