E-2 Visa Required Documents: Complete Checklist for 2026

For consular processing, the primary form is DS-160 (Online Nonimmigrant Visa Application), completed online and submitted electronically before the interview. The DS-160 confirmation page with the barcode must be printed and brought to the interview.

For change of status or extension within the United States, the petition is filed on Form I-129 (Petition for a Nonimmigrant Worker) with the E classification supplement. Premium processing is available by filing Form I-907 and paying the current fee, which as of 2026 is $2,805. The filing fee for I-129 itself is $730 for most petitioners, though USCIS fee schedules change periodically and should be verified at uscis.gov before filing.

• DS-160 confirmation page (consular processing)
• Passport-style photo meeting State Department specifications
• Form I-129 with E supplement and filing fee check or money order (USCIS filings)
• Form I-907 and premium processing fee if expedited adjudication is requested

The treaty investor must be a national of a country that has a qualifying treaty of commerce and navigation with the United States. Nationality is proved by passport, and the passport must be valid for at least six months beyond the intended period of stay. This requirement is set out in 9 FAM 402.9-4(B).

If the applicant holds dual nationality, the treaty nationality is the controlling one for E-2 purposes, not the country of birth or residence. Document every nationality clearly so the officer can confirm treaty eligibility without ambiguity.

• Valid passport (all pages) from the treaty country
• Prior visas and entry/exit stamps if applicable
• Birth certificate or naturalization certificate establishing nationality
• Any prior U.S. visa approvals, I-94 records, or status documentation if the applicant has been in the U.S.
• Dual nationality documentation if applicable, with explanation of which nationality is being used for E-2 purposes

The investment must be substantial, at risk, and irrevocably committed. USCIS and the State Department require documentary proof that the funds have actually been placed into the enterprise, not merely pledged. Wire transfer records, escrow closing documents, canceled checks, and bank statements showing the outflow are standard. Source-of-funds documentation traces the money back to its origin and is equally important.

Under 9 FAM 402.9-4(B)(6), officers must be satisfied that the investment funds were obtained through lawful means. This means showing not just that the money exists but where it came from: business sale proceeds, personal savings accumulated over time, salary history, inheritance, or a bona fide loan secured by personal assets (not the E-2 business itself).

• Wire transfer confirmations or bank statements showing funds transferred to the business
• Escrow closing statement if the investment was structured through escrow
• Purchase agreement or asset purchase agreement for an existing business
• Bank account history (12-24 months) showing accumulation of funds
• Tax returns (3 years) for salaried or self-employed investors
• Business sale documents, stock liquidation records, or real estate closing statements if funds came from asset sales
• Loan documentation, promissory note, and collateral records if a bona fide loan was used
• Gift documentation and gift tax returns if funds were gifted
• Foreign income or asset records with certified English translations

The investor must own at least 50 percent of the enterprise, or possess operational control through a managerial position. The controlling interest can be demonstrated through LLC operating agreements showing membership percentages, corporate bylaws and stock certificates, or partnership agreements. For purchased businesses, the acquisition documents must show the transfer of ownership and control.

The enterprise must be a real, active business, not a passive holding vehicle. Adjudicators look for evidence of ongoing operations: a commercial lease, business licenses, vendor contracts, active bank accounts, payroll records if staff are employed, and a business plan showing a credible path to sustainability.

• LLC operating agreement or corporate bylaws showing ownership percentage
• Stock certificates or membership certificates
• Federal Employer Identification Number (EIN) confirmation letter from the IRS
• State business registration or certificate of good standing
• Commercial lease agreement for the business premises
• Business license, permits, or professional certifications required by the industry
• Franchise disclosure document and franchise agreement (for franchise businesses)
• Asset purchase agreement or business purchase agreement (for acquired businesses)
• Active business bank account statements
• Vendor contracts, client contracts, or letters of intent

The business plan is among the most important documents in the file. It must demonstrate that the enterprise is not marginal, meaning it will generate significantly more than enough income to provide a living for the investor and family. The plan should include five-year financial projections, a break-even analysis, market analysis, staffing plan, and a use-of-funds breakdown.

Financial projections must be grounded in verifiable data: industry benchmarks, market research, signed contracts, or comparable businesses. Officers are skeptical of projections that show steep growth without supporting assumptions. Each major revenue and expense line should be explained. The business plan should also establish that the investor will play an active develop-and-direct role, not a passive investor role.

• Complete E-2 business plan (typically 20-40 pages)
• Five-year profit and loss projections with monthly detail for year one
• Cash flow projections for the same period
• Break-even analysis showing the month and revenue level at which expenses are covered
• Market research and competitive analysis supporting revenue assumptions
• Staffing plan showing the investor's role and any employees or planned hires
• Use-of-funds schedule tying investment categories to dollar amounts

Consular applications require passport-style photographs taken within the past six months, conforming to State Department specifications: 2x2 inches, white or off-white background, no glasses. Many consulates now capture photos electronically at the interview window, but applicants should bring printed photos as a backup.

For USCIS filings (I-129 change of status or extension), biometrics are generally not required for E nonimmigrant petitions filed by employers, though the petitioner and beneficiary's information is captured in the I-129 itself. Always confirm current USCIS requirements since policy can change.

E-2 spouses and unmarried children under 21 may be admitted in E-2 dependent status. Each family member requires a separate DS-160 (or I-539 for change of status to E-2 dependent within the U.S.), proof of the family relationship (marriage certificate, birth certificates), and a valid passport.

E-2 spouses are eligible to apply for employment authorization (Form I-765) once they are in the U.S. in E-2 dependent status. Children in E-2 status may not work. Employee applicants seeking E-2 classification (rather than the principal investor) must additionally document their supervisory or executive role and the qualifying relationship to the enterprise.

• Marriage certificate with certified English translation (for spouse)
• Birth certificates for dependent children with certified translations
• DS-160 for each family member (consular processing)
• I-539 for each family member changing status within the U.S.
• Passport valid for each family member
• Form I-765 (for spouse employment authorization, filed separately after E-2 approval)