Reference and updates
E-2 Visa News and Rule Changes 2026: A Dated Log
E-2 visa news 2026: a dated log of verified rule changes, from the $2,965 premium processing fee and FAM revision to interview and English proficiency rules.
Short answer
The core E-2 requirements have not changed in law, but practice has: since 2025, most applicants must interview in person in their country of nationality or residence, premium processing rose to $2,965 on March 1, 2026, and E-2 jobs that involve commercial driving now need proof of English proficiency. The State Department's E visa chapter was revised on February 17, 2026.
Key facts
- Latest official update
- USCIS E-2 page updated August 20, 2026
- Premium processing (I-129 E)
- $2,965 from March 1, 2026
- Foreign Affairs Manual
- 9 FAM 402.9 revised February 17, 2026
- Where to apply
- Country of nationality or residence (since September 6, 2025)
- Newest treaty country
- Portugal (E-2 since March 15, 2024)
This article is general information and is not a substitute for the advice of an attorney. For advice on your situation, consult a licensed immigration attorney.
On this page
The legal requirements for the E-2 have not changed: treaty nationality, a substantial investment at risk, a real and non-marginal business, and an investor who develops and directs it. What has changed since 2025 is practice and cost. Most applicants now interview in person in their home country, USCIS premium processing costs $2,965 from March 1, 2026, and E-2 jobs that involve commercial driving require proof of English proficiency.
This page is our dated log of verified E-2 changes. We only list changes we can tie to an official source, newest first. We update it when something material happens.
E-2 rule changes at a glance
| Date | Change | Who it affects | Source |
|---|---|---|---|
| Aug 20, 2026 | USCIS updates its E-2 page, including an English proficiency alert for commercial driving jobs | E-2 employees in driving roles | USCIS E-2 Treaty Investors page |
| Mar 1, 2026 | Premium processing for I-129 (E) rises to $2,965 | Anyone filing with USCIS | USCIS premium processing page |
| Feb 17, 2026 | State Department revises 9 FAM 402.9 (E visa chapter) | All consular E-2 applicants | Foreign Affairs Manual |
| Sep 6, 2025 | Nonimmigrant visa applicants generally must apply in their country of nationality or residence | Consular applicants, especially renewals | State Department |
| Sep 2, 2025 | Interview waiver eligibility narrowed for most nonimmigrant visas | Consular applicants, including renewals | State Department |
| Jul 4, 2025 | Law creates a $250 Visa Integrity Fee | Visa applicants (implementation uneven) | Public Law 119-21 |
| Apr 28, 2025 | Executive Order 14286 on English proficiency for commercial drivers | E-2 employees in driving roles | Executive Order 14286 |
| Apr 1, 2024 | New USCIS fee schedule: paper I-129 (E) $1,015, Asylum Program Fee $600 | Anyone filing with USCIS | USCIS fee schedule |
| Mar 15, 2024 | Portugal becomes an E-2 treaty country | Portuguese nationals | State Department treaty list |
| Dec 23, 2022 | Three-year domicile rule for citizenship-by-investment nationals | Holders of citizenship by investment | Public Law 117-263 |
| Jan 30, 2022 | I-94s for E-2 spouses show class E-2S, proof of work authorization | E-2 spouses | USCIS |
2026
August 20, 2026: USCIS E-2 page updated, English proficiency for driving jobs
USCIS updated its E-2 Treaty Investors page. The most important addition is an alert: E-2 applications for jobs that require operating a commercial motor vehicle must include evidence of English proficiency, such as a passed standardized English exam or a signed statement of proficiency from the applicant. USCIS says it will generally accept visas issued after June 15, 2026 for these positions as proof, because the State Department has increased screening and vetting of these applicants, including English proficiency. If your business plan relies on E-2 employees as drivers, factor this in. See E-2 employees, managers and essential workers.
March 1, 2026: premium processing rises to $2,965
For Form I-129 requests in the E classification postmarked on or after March 1, 2026, premium processing costs $2,965, up from the previous fee. USCIS still commits to act within 15 business days. The base I-129 fees did not change. See E-2 visa cost for the full budget.
February 17, 2026: Foreign Affairs Manual revised
The State Department revised 9 FAM 402.9, the chapter consular officers use to decide E-1 and E-2 cases. The current text is the version applied at consulates. Among other points, it states that the principal E-2 investor answers the E-specific questions inside the DS-160, while E-2 employees still submit Form DS-156E. The core tests, including the proportionality test for a substantial investment and the marginality test, remain. See E-2 visa requirements and DS-156E explained.
2025
September 6, 2025: apply in your country of nationality or residence
Since September 6, 2025, nonimmigrant visa applicants generally must apply at a U.S. embassy or consulate in their country of nationality or legal residence. For E-2 investors living in the U.S., this ends the common practice of renewing at a convenient third-country post. Plan renewal trips to your home country. See E-2 renewal and extension.
September 2, 2025: interview waivers narrowed
The State Department narrowed interview waiver eligibility for most nonimmigrant visas effective September 2, 2025, including renewals. E-2 applicants, first-time and renewal, should expect an in-person interview. Our E-2 interview questions guide helps you prepare.
July 4, 2025: Visa Integrity Fee enacted
Public Law 119-21, signed July 4, 2025, created a $250 visa integrity fee for nonimmigrant visas. Implementation has been uneven, so confirm the fees with the embassy where you apply before paying. The MRV application fee for E visas remains $315 per applicant.
April 28, 2025: Executive Order 14286
Executive Order 14286 directed federal agencies to ensure that commercial vehicle operators are qualified and proficient in English. It is the basis for the USCIS English proficiency requirement for E-2 driving jobs described above.
2024 and earlier changes still relevant
April 1, 2024: USCIS fee schedule
The USCIS fee rule introduced on April 1, 2024 added the Asylum Program Fee and revised petition fees. The current G-1055 fee table, checked October 16, 2026, distinguishes paper and online filing. For the E classification, Form I-129 costs $1,015 (paper) / $965 (online) ($510 for employers with 25 or fewer full-time equivalent employees), plus a $600 Asylum Program Fee ($300 for small employers, $0 for nonprofits).
March 15, 2024: Portugal joins the E-2 list
Portuguese nationals became eligible for E-2 visas on March 15, 2024. Portugal is the newest E-2 treaty country. See E-2 visa for Portuguese citizens and the full treaty country list.
December 23, 2022: citizenship-by-investment rule (AMIGOS Act)
Since December 23, 2022, under the AMIGOS Act in Public Law 117-263, a person who acquired treaty nationality through a financial investment and was not previously in E status must have been domiciled in that country for at least 3 continuous years at some point before applying. This directly affects investors using citizenship-by-investment passports such as Grenada’s. See E-2 through Grenada citizenship.
Spouse work authorization (2022)
Since January 30, 2022, CBP and USCIS issue I-94 records with class E-2S to E-2 spouses. That I-94 is acceptable evidence of employment authorization for Form I-9. See E-2 spouse work authorization.
Dates to watch
- May 18, 2028: the end of the E-2 privilege for Ecuadorian nationals with investments in place before May 18, 2018.
- Bolivia: the E-2 privilege for pre-June 10, 2012 investments ended on June 10, 2022.
What these changes mean for 2026 applicants
- Budget time for an in-person interview in your home country, for first applications and renewals.
- Budget $2,965 if you will use USCIS premium processing.
- If you hold a citizenship-by-investment passport, document three years of domicile.
- If your business needs E-2 employees as drivers, plan English proficiency evidence.
- Confirm all consular fees with the embassy shortly before you apply.
Next steps
For the fundamentals, start with the complete E-2 visa guide. To check how current rules apply to your plan, use the E-2 eligibility checker or book a consultation.
Frequently asked questions
Has the E-2 visa changed in 2026?
The legal requirements have not. The changes are procedural and in fees: premium processing rose to $2,965, the FAM chapter was revised, and English proficiency evidence is now required for E-2 jobs involving commercial driving.
Is India being added to the E-2 treaty countries?
There is no E-2 treaty with India as of this update. Indian nationals cannot qualify on Indian nationality, though a second treaty nationality can be used if held.
Do I still need an interview for an E-2 renewal?
Plan for one. Interview waivers were narrowed for most nonimmigrant categories effective September 2, 2025, and consular officers can require an interview in any case.
Is the $250 Visa Integrity Fee being charged?
The fee was created by law on July 4, 2025, but implementation has been uneven. Confirm the current fees with the embassy where you will apply.
Where can I check E-2 rules myself?
The State Department's Foreign Affairs Manual at 9 FAM 402.9, the USCIS E-2 Treaty Investors page and the treaty country list on travel.state.gov are the primary official sources.
Sources
- 9 FAM 402.9 Treaty Traders and Treaty Investors
- USCIS: E-2 Treaty Investors
- USCIS: How Do I Request Premium Processing?
- State Department: Treaty Countries
- Public Law 119-21 (H.R. 1, 119th Congress)
- Public Law 117-263 (H.R. 7776, 117th Congress)
Reviewed against the sources above on October 16, 2026. Rules, fees and processing times change; confirm current requirements with the U.S. embassy or USCIS and your attorney before filing.
This article is general information and is not a substitute for the advice of an attorney. For advice on your situation, consult a licensed immigration attorney.
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