The Cons of E-2 Visa

Cons Of E-2 Visa

While the E-2 visa offers plenty of opportunities for treaty investors, it is wise to be aware of potential drawbacks or cons of E-2 visa so you can make informed decisions.

Here is a list of common disadvantages or cons of E-2 visa:

  • As a treaty investor, you can only work for the business you are investing in, unlike the EB-5 investor visa, where you can passively invest and then work for a different company. This also means you will face restrictions on the activities you can undertake, limiting your ability to diversify your business interests. This is one of the primary cons of E-2 visa.

  • If your investment fails, you have to leave the United States even if your visa has not expired.

  • Only nationals of certain treaty countries are eligible for the E-2 visa. If your home country is not on the list, you cannot apply for the E-2 visa even if you have the capital to invest. Click here for the full list of qualified treaty countries.

  • There is no direct path to permanent residency. You can renew your visa as long as your investment or business is profitable, but since the E-2 visa is a non-immigrant visa, there is no direct path to obtaining a green card unless you switch to a different immigrant visa category like the EB-5 visa.

  • E-2 visa renewals are subject to approval by the U.S. government. You may face challenges when renewing your visa, especially if your business is struggling or barely successful. If your business is not doing well, this can be a massive cons of E-2 visa.

  • Dependent children who are over 21 years do not qualify. The same applies to children who have reached 21 years while on their dependent visa. They must now qualify and apply for a different visa to be able to stay in the United States.

Our team of E-2 visa immigration attorneys and professional business writers at is here to guide you toward a smooth and successful application. Message us for a free consultation.

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