E-2 Visa for Mexican Citizens: Requirements and How to Apply

Mexican citizens can get the E-2 treaty investor visa: Mexico has held E-1 and E-2 treaty status since January 1, 1994, and 1,514 E-2 visas went to Mexican nationals in FY2024. You qualify by investing a substantial, at-risk amount in a U.S. business that is at least 50% Mexican-owned and that you control, and by showing the business is real and more than marginal.

Is Mexico an E-2 treaty country?

Yes. The Foreign Affairs Manual treaty table (9 FAM 402.9-10) lists Mexico for E-1 and E-2, both in force since January 1, 1994, the date NAFTA took effect. Treaty trader and investor entry continued under the United States-Mexico-Canada Agreement.

Eligibility depends on Mexican citizenship, not residence. A Mexican citizen living in Spain or Canada still qualifies as a Mexican national. A foreign national with Mexican permanent residence does not qualify through Mexico, although they may be able to apply at a post in Mexico on their own treaty citizenship if Mexico is their country of legal residence.

E-2 visa numbers for Mexican nationals

Nationality	E-2 visas issued, FY2024
Canada	6,747
Mexico	1,514
Argentina	675
Colombia	623
Chile	170

North America received 8,507 E-2 visas in FY2024 and South America 1,732. The Mexico figure includes investors, E-2 employees and family members.

What are the E-2 requirements for Mexicans?

The legal standard comes from INA 101(a)(15)(E)(ii), 8 CFR 214.2(e) and 9 FAM 402.9:

1. Ownership. Mexican nationals own at least 50% of the business, and you own at least 50% or hold operational control. Shares owned by U.S. green card holders do not count toward Mexican ownership.
2. Substantial investment. No minimum amount in law. The investment is weighed against the total cost of buying or opening the business; lower-cost businesses require a higher percentage. See E-2 minimum investment.
3. At risk. Funds are spent or irrevocably committed. Loans secured by the business’s own assets do not count; loans secured by personal assets, such as a mortgage on a home in Mexico, can.
4. Real and operating. An active, for-profit business, not a paper company or idle real estate.
5. Not marginal. It must have the capacity to do more than support your family, generally within five years, or make a significant economic contribution.
6. Intent to depart when your status ends.

Our E-2 requirements guide explains each element with citations.

Where do Mexican citizens apply for the E-2?

Mexican applicants apply through the U.S. Mission in Mexico, which includes the U.S. Embassy in Mexico City and several consulates. E visa cases are handled by designated posts rather than every consulate, and those assignments can change. Check the U.S. Embassy and Consulates in Mexico website for the post that currently accepts E-2 cases, the document format and the interview process.

Since September 6, 2025, nonimmigrant visa applicants generally must apply in their country of nationality or legal residence. Interview waivers were narrowed in 2025, so expect an in-person interview. Interviews in Spanish are common, but the written package should be in English or come with certified translations.

The steps:

1. Form DS-160 for each applicant (the principal investor answers the E questions within it; E-2 employees also file Form DS-156E).
2. The $315 MRV fee per applicant, plus any reciprocity fee shown for Mexico.
3. The evidence package: proof of nationality, ownership, investment, source of funds and the business plan.
4. The interview and, if approved, visa issuance.

Visa validity for Mexican nationals is set by the State Department reciprocity table; check it at the time you apply. Each entry gives up to two years of stay. Mexicans already in the U.S. in valid status can change status through USCIS on Form I-129. See E-2 application process.

Documenting source of funds from Mexico

The most common weak point in Mexican cases, in our experience, is a gap in the money trail, especially when savings were held in cash or a family business mixed personal and company finances. Prepare a document chain for each source:

Source	Evidence that usually works
Sale of property	Escritura, notarial sale documents, bank receipt of proceeds
Family business income	Acta constitutiva, SAT tax filings, dividend resolutions, bank statements
Salary and savings	Payslips, annual tax declarations, multi-year bank history
Gifts	Notarized gift contract, donor’s own source evidence
Loans	Loan agreement secured by personal assets, disbursement records
Currency conversion	Bank records reconciling pesos to U.S. dollars

Move cash savings into the banking system well before you apply and keep a written explanation of their origin. See our E-2 source of funds guide.

Business models Mexican investors often use

In our practice, Mexican E-2 investors commonly build or buy:

• Restaurants and food businesses: regional Mexican cuisine, taquerias, bakeries, food distribution.
• Construction and home services: remodeling, roofing, landscaping, cleaning.
• Logistics and freight serving Texas, Arizona and California border corridors. Note that under Executive Order 14286 (April 28, 2025), E-2 employees whose jobs require operating a commercial motor vehicle must show English proficiency.
• Manufacturing support and suppliers linked to cross-border supply chains.
• Retail and wholesale: groceries, auto parts, building materials.
• Franchises in home services, education and quick-service food.

Texas is the leading destination; see our guides to E-2 businesses in Houston and Dallas.

E-2 or E-1 for Mexican businesses?

Mexico also has E-1 treaty trader status. If your company already trades substantially between Mexico and the United States, and more than 50% of its international trade is with the U.S., the E-1 may fit without a large new investment. If you are buying or opening a U.S. business, the E-2 is the usual route. See E-2 vs E-1.

Common problems in Mexican E-2 cases

In our experience, the cases that run into trouble usually share one of these issues:

• Investment not yet committed. Money transferred to a U.S. account but not spent on the business, or a lease and equipment that are only quoted.
• Business too small for the family. A single-person operation that, on the numbers, would only support the investor. Officers look for a credible plan to hire and grow.
• Ownership split among several relatives. Three or four equal family owners can leave no individual with control. The principal investor needs at least 50% or clear operational control.
• Unclear origin of funds. Cash savings, informal loans or business money moved without records.
• Prior visitor stays and work. Working in the business while in the U.S. as a visitor creates serious problems. Do not work before E-2 status is approved.

Fixing these points before filing is usually far easier than responding to a refusal. Your attorney can advise on any immigration history issues.

Family and cross-border life

A spouse and unmarried children under 21 receive E-2 derivative status regardless of nationality. The spouse may work (class E-2S on the I-94). Children (E-2Y) can attend school but cannot work and need their own status at 21. Families in border states often travel to Mexico frequently; each entry on a valid E-2 visa gives a new admission of up to two years.

Next steps

Test your plan with our E-2 investment calculator, then contact our team to discuss a purchase or start-up. We help build the business, write the business plan and organize the source-of-funds evidence, and we coordinate with your independent immigration attorney, who files the visa case.