E-2 Visa Approval Rate, Document Checklist, and Attorney Fee Reality

In FY2024, the US Department of State processed over 61,000 E-2 visa applications and approved 55,324 of them — a global approval rate of approximately 90.1%. In FY2025, issuances stabilized at 51,047, a 7.7% normalization from the post-pandemic surge but still 18% above pre-pandemic baseline volumes.

That headline figure is real, but it is not a guarantee for any individual case. Consular posts have dramatically different approval rates depending on the local business culture, volume of applications, and strictness of officer scrutiny. The US Embassy London, for example, has become notably more rigorous in recent years, with longer interviews, no dedicated E-visa officer pool, and increased 214(b) refusals. The US Embassy Tokyo, which processes more E-2 applications than any other post globally, operates with high volume and relative efficiency.

What the 90.1% rate actually tells you: when cases are meticulously prepared, structured correctly, and thoroughly documented, the program is reliable. The 10% denial rate concentrates in applications with investment amount problems, marginality failures, and source-of-funds deficiencies — not random bad luck.

What Goes Into the Document Package

The core E-2 application requires two forms: DS-160 (standard nonimmigrant visa application, completed by every family member) and DS-156E (the investor-specific treaty trader/investor application). The DS-156E is the substantive exhibit — it requires a detailed breakdown of the enterprise's capitalization, corporate structure, and staffing.

Beyond the forms, the documentary evidence package must include:

Corporate governance documents

• Articles of Organization or Incorporation
• Operating Agreement or Bylaws
• Stock ledger or membership certificate proving 50%+ treaty country ownership
• For corporate ownership structures: ownership tracing documents up to the individual level

Investment and source of funds evidence

• Wire transfer confirmations showing capital movement from personal accounts to the US enterprise
• Bank statements (personal and corporate) covering at least 6–12 months
• Documents proving the lawful source of investment funds: property sale agreements, business sale documentation, salary history, inheritance records
• Escrow agreement if funds are being held pending visa approval

Operating expenditure documentation

• Signed commercial lease (or purchase agreement for an existing business)
• Equipment purchase receipts and invoices
• Franchise agreement and fee payment confirmation (if applicable)
• Payroll records and W-2s for any existing US employees
• Itemized expenditure spreadsheet mapping every dollar against the source

The E-2 business plan A five-year GAAP-compliant plan demonstrating non-marginality through realistic revenue projections and a detailed hiring schedule. This is a standalone document, typically 20–40 pages.

Intent to depart A sworn statement confirming intent to depart the US upon the termination of E-2 status.

Consulate-Specific Formatting Requirements

The package above must be organized according to the specific requirements of the consulate where you're applying. These requirements vary significantly:

US Embassy Paris: Single PDF, strictly organized into labeled tabs A through L, maximum 50 pages total. Any deviation is grounds for rejection without review.

US Consulate Toronto (Canada): Submitted through the eVisaCanada portal as a single PDF, tabbed, maximum 50 pages and 20MB file size.

US Embassy London: Fully electronic submission; company must be formally "registered" with the E-Visa Unit before an interview can be scheduled. London has a rotating pool of 14 general consular officers rather than E-visa specialists, which affects consistency.

US Embassy Tokyo: A4 paper format with lettered tabs A through I. High volume but specific formatting hygiene required.

A binder that would be approved in one post can be rejected in another purely on procedural grounds. Understanding your consulate's specific requirements before assembling the package is not optional.

What E-2 Attorneys Actually Charge

Attorney fees for E-2 preparation cover a wide range depending on the filing method and the complexity of the case:

Change of Status (USCIS I-129 filing): Attorney fees typically run $1,750–$5,000. Add the I-129 base filing fee ($1,015 for standard employers, $510 for small employers with 25 or fewer employees). Premium Processing (Form I-907, guaranteed 15-business-day decision) costs $2,965 effective March 2026.

Consular processing: This is the more common and legally stronger route, as it produces a physical visa stamp rather than just status authorization. Attorney fees for consular processing range $4,000–$7,000+ for established firms, reflecting the additional work of preparing the tabbed binder, coordinating with the specific consulate, and managing document translations. The MRV visa application fee is $315. Reciprocity fees vary by nationality — UK nationals pay $0; Australian nationals pay approximately $315; Chilean nationals approximately $265.

Business plan preparation: Separate from attorney fees. Specialist immigration business plan writers charge $970–$3,500 depending on business complexity.

Total realistic budget for a standard consular E-2 application:

• Business investment: $100,000–$350,000+
• Attorney fees: $4,000–$7,000
• Business plan: $1,500–$3,500
• Corporate formation (LLC/Corp + operating agreement): $500–$2,000
• Government fees (MRV + reciprocity): $315–$600+

At a minimum investment of $100,000, the professional service fees represent 6–12% of the investment itself — a meaningful but unavoidable cost for a process this consequential.

The Case for Pre-Attorney Preparation

Attorneys are legal mechanics. Their value is in structuring the application, drafting the legal cover letter, and navigating consular-specific procedures. They expect you to arrive with a chosen business model, a decided investment amount, and a basic understanding of how proportionality and marginality work.

Investors who show up without that foundation pay attorney retainers to learn things that can be researched in advance — and sometimes pay them to proceed with business models that were never going to survive the marginality test. The $4,000–$7,000 attorney fee is non-refundable regardless of outcome.

The US E-2 Treaty Investor Visa Guide includes a complete document checklist organized by consulate, a DS-156E completion guide, and the investment proportionality calculator that lets you verify your application's financial foundation before any attorney billable hours begin.