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What the E-2 visa is
The E-2 visa covers nationals of a treaty country who have invested, or are actively investing, in a US enterprise and enter to develop and direct it. Thailand has been an E-1 and E-2 treaty country since 8 June 1968. The criteria are in 22 CFR 41.51 and the State Department's Foreign Affairs Manual at 9 FAM 402.9.
Unlike most work visas, an E-2 is applied for directly at the US Embassy without a prior USCIS petition, and unlike the EB-5 green card it is temporary: applicants must intend to depart when their status ends.
Investment requirements
No minimum amount. 9 FAM 402.9-6 states that no set dollar figure constitutes a minimum substantial investment. Officers apply an inverted proportionality test: the lower the cost of the business, the higher the percentage of investment required.
At risk. 8 CFR 214.2(e)(12) requires the capital to be subject to partial or total loss if the business fails. 9 FAM 402.9-6 says debt secured by the enterprise's own assets does not count, while debt secured by the investor's personal assets can.
Not marginal. 8 CFR 214.2(e)(15) defines a marginal enterprise as one without the present or future capacity to generate more than a minimal living for the investor and family. 9 FAM 402.9-6 looks at future capacity generally realizable within five years.
Develop and direct. The investor must own at least 50% or otherwise control the enterprise through management.
E-2 employees and Thai restaurant chefs
Employees of an E-2 enterprise may receive E-2 visas when the employer has treaty nationality and the employee shares it, under 22 CFR 41.51. The employee must fall into one of two groups.
Executive or supervisory. 9 FAM 402.9-7 considers the title, position in the organization, duties, salary, and whether supervision is a principal rather than incidental function.
Essential skills. 9 FAM 402.9-7 says essentiality cannot be decided by a bright-line test. Officers weigh the training and experience required, the uniqueness of the skill, the availability of US workers, salary, the applicant's proven expertise and the job function. Essentiality may be short-term, such as one or two years for start-up or training.
A Thai chef at a restaurant at least 50% owned by Thai nationals may therefore qualify as an essential employee by proving experience, the uniqueness of the skill and its necessity to the business. Cases are decided individually; a chef position does not qualify automatically.
Length of stay, visa validity and family
Length of stay. 8 CFR 214.2(e)(19) admits an investor for an initial period of up to 2 years, and (e)(20) allows extensions in increments of up to 2 years while the status requirements are maintained.
Visa validity. Under the reciprocity schedule, E-1 and E-2 visas for Thai nationals are valid for up to 6 months with multiple entries and no reciprocity fee. Visa validity is not the length of stay: an E-2 holder may travel to Thailand and re-enter while the visa is valid, and needs a new visa before the next entry once it expires.
Family. Spouses and children may receive derivative E-2 visas. 9 FAM 402.9 states that USCIS and CBP issue I-94 codes allowing investor spouses (E-2S) to work, while children (E-2Y) may not.
If the business or job ends. 8 CFR 214.1(l)(2) provides a grace period of up to 60 days. DHS proposed 91 FR 57807 to remove it; the proposal is not in effect.
Applying for an E-2 visa in Thailand
Forms. Under 9 FAM 402.9, all E-1 and E-2 applicants complete the DS-160. E-1 principals and E-2 employees and managers also submit Form DS-156E; E-2 investor principals answer its questions within the DS-160, and dependents do not file it.
Documents. Applicants should prepare evidence of the transfer and source of investment funds, company registration and shareholding, the lease or purchase agreement, a business plan showing revenue and hiring, and evidence that the business is operating or about to operate.
Interview. The interview waiver policy effective 1 October 2025 does not cover E-2 visas, so applicants must attend an interview.
Visa Connext E-2 service
Visa Connext assesses the investment structure against 22 CFR 41.51 and 9 FAM 402.9, checks shareholding and source of funds, prepares the DS-160 and DS-156E, assembles the investment documentation and prepares applicants for the interview, for investors and for employees such as Thai restaurant chefs. For other work visas see US work visas.
Frequently asked questions
What is the minimum investment for an E-2 visa?
There is none. 9 FAM 402.9-6 applies a proportionality test in which lower-cost businesses require a higher percentage of investment; the capital must be at risk, and the business must not be marginal.
Source: 9 FAM 402.9 · 8 CFR 214.2(e)
Can Thai nationals get an E-2 visa?
Yes. Thailand has been an E-1 and E-2 treaty country since 8 June 1968.
Source: Treaty Countries
How long can I stay on an E-2?
An initial admission of up to 2 years, with extensions in increments of up to 2 years while status is maintained, under 8 CFR 214.2(e)(19) and (e)(20).
Source: 8 CFR 214.2(e)(19)–(20)
What does a 6-month E-2 visa for Thais mean?
The visa allows multiple entries within 6 months; each admission carries the period of stay recorded by the officer. Once the visa expires, a new one is needed before the next entry.
Source: Reciprocity: Thailand
Can a Thai restaurant chef get an E-2 visa?
Yes, as an essential employee, if the restaurant is an E-2 enterprise of Thai nationals and the chef proves experience, the uniqueness of the skill and its necessity to the business. Officers decide case by case under 9 FAM 402.9-7.
Source: 9 FAM 402.9-7
Can an E-2 spouse work?
An E-2 investor's spouse receives the E-2S I-94 code and may work; children (E-2Y) may not.
Source: 9 FAM 402.9
Can I travel back to Thailand on an E-2?
Yes. An E-2 visa for a Thai national allows multiple entries while it is valid; after it expires, a new visa is needed before returning to the US.
Source: Reciprocity: Thailand
Sources and legal texts used on this page
- 9 FAM 402.9 — Treaty Traders, Investors, and Professionals
CT:VISA-2190 · 17 Feb 2026 · checked 30 Oct 2026 - 8 CFR 214.2(e) — Treaty traders and investors
checked 30 Oct 2026 - 22 CFR 41.51 — Treaty trader, investor, or professional
text per 70 FR 52293 (2 Sep 2005) · checked 30 Oct 2026 - U.S. Department of State — Treaty Countries
Thailand E-1 E-2 in force 8 Jun 1968 · checked 29 Oct 2026 - U.S. Department of State — Reciprocity: Thailand
checked 30 Oct 2026 - 8 CFR 214.1(l) — Grace period
checked 30 Oct 2026 - 91 FR 57807 — Eliminating the Discretionary 60-Day Grace Period (proposed rule)
comments close 10 Nov 2026 · not in effect · checked 30 Oct 2026 - U.S. Department of State — Interview Waiver Update, 18 September 2025
effective 1 Oct 2025 · checked 30 Oct 2026