This article was updated on August 16, 2023

The E2 Visa Consular Process: A Step-By-Step Guide

The E2 visa, also known as the Treaty Investor Visa, offers an opportunity for foreign investors to establish or acquire businesses in the United States. The consular process for obtaining an E2 visa can be intricate, but hiring an immigration lawyer can increase your chances of success. As immigration lawyer John Smith states, "Having an experienced immigration lawyer by your side can streamline the process, provide invaluable guidance, and help you navigate the complexities of the E2 visa consular process."

In this article, we will outline the steps involved in the E2 visa consular process and the necessary forms to complete.

US embassy, E2 visa consular process

Step 1: Determine if You Qualify for the E2 Visa

Before you can begin the consular process, ensure that you meet the following eligibility criteria:

  1. You must be a national of a treaty country with which the United States maintains a Treaty of Commerce and Navigation.
  2. You must have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States.
  3. You must be seeking entry to the United States solely to develop and direct the enterprise.

Step 2: Complete the DS-160 Form

  1. The first form you will need to complete is the DS-160, Online Nonimmigrant Visa Application. Complete the form online and print the confirmation page. You will need the confirmation number for scheduling your visa appointment.

Step 3: Pay the Visa Application Fee

  1. Pay the non-refundable visa application fee, which varies depending on the reciprocity agreement between the United States and your home country.

Step 4: Gather the Necessary Documentation

  1. The following documents are typically required for the E2 visa application:a. A valid passport b. DS-160 confirmation page c. Receipt of visa application fee payment d. A 2x2 inch color photograph e. Form I-129, Petition for a Nonimmigrant Worker (if applicable) f. A comprehensive E2 visa business plan g. Evidence of the source and path of investment funds h. Proof of treaty country nationality i. Ownership and control documents for the U.S. enterprise j. Any other documents specified by the consulate or embassy

Step 5: Prepare the E2 Visa Packet

  1. Compile all the required documentation and forms into a well-organized visa packet. This packet will be submitted to the U.S. consulate or embassy for review.

Step 6: Schedule Your Consular Appointment

  1. Schedule your consular appointment online or by phone. Use the DS-160 confirmation number to schedule the appointment.

Step 7: Attend the Consular Interview

  1. Attend your scheduled interview at the U.S. consulate or embassy. Bring your completed E2 visa packet and any additional documents requested by the consulate.

Step 8: Consular Decision

  1. After the consular interview, the consular officer will make a decision on your E2 visa application. If your application is approved, your passport will be stamped with the E2 visa, and you can travel to the United States.


The E2 visa consular process can be complex, but by following these steps and working with an experienced immigration lawyer, you can increase your chances of a successful outcome. Remember that

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