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Is Ukraine Eligible for the E-2 Visa? Why More Ukrainians with TPS Are Exploring This Option

Is Ukraine Eligible for the E-2 Visa? Why More Ukrainians with TPS Are Exploring This Option

If you’re a Ukrainian national currently in the U.S. under Temporary Protected Status (TPS), you’re not alone in feeling concerned about what happens next. While TPS has been a lifeline for thousands since the war began, it was never meant to be a permanent solution. And now, with the current administration rolling back TPS protections for nationals from countries like Venezuela, Honduras, and Nicaragua, many Ukrainians are starting to question how long their own protections will last.

That’s why more and more of our Ukrainian clients are making the switch—from TPS to a visa that offers greater control and long-term potential: the E-2 Treaty Investor visa.

Is Ukraine Eligible for the E-2 Visa?

Yes. Ukraine has had a valid E-2 treaty agreement with the U.S. since 1996, which means Ukrainian nationals can apply for an E-2 visa if they invest in and operate a qualifying business in the U.S.

Unlike TPS, the E-2 isn’t tied to humanitarian circumstances or politics. It’s based on investment and business activity. And if the business remains viable and continues to meet visa requirements, the visa can be renewed indefinitely.

TPS for Ukrainians: What’s the Status?

TPS for Ukraine was extended, with registrations open through early 2025. Employment Authorization Documents (EADs) have also been extended for those who applied properly. But TPS has an expiration date. Unless it’s extended again, protections will end by April 19, 2026.

Here’s the challenge: recent policy decisions suggest that TPS status can be taken away at any time. We’ve already seen this happen to nationals of other countries. That’s a wake-up call for many Ukrainians who want something more predictable.

Why Our Ukrainian Clients Are Switching to E-2

We’ve worked with a growing number of Ukrainian nationals who are no longer willing to rely on temporary protections. They want something more secure—and the E-2 visa offers a real alternative. Here’s why:

  • Greater legal stability
    TPS is a temporary designation. The E-2 visa is based on your business. As long as it’s viable, you can keep renewing it.

  • You control your future
    The E-2 lets you invest in and run your own business. Your status isn’t tied to changes in foreign policy or humanitarian designations.

  • Family benefits
    Your spouse can apply for work authorization and your children can attend school. TPS doesn’t offer those benefits equally.

  • Realistic investment requirements
    There’s no official minimum, but most successful E-2 cases start with an investment of around $100,000 or more—depending on the type of business.

  • Long-term planning
    The E-2 can be renewed indefinitely. It also sets a foundation for future immigration strategies if your business grows.

What You Need to Qualify

  • Ukrainian citizenship

  • An investment in a U.S. business

  • A clear plan to direct and develop the business

  • A viable, for-profit business that creates jobs or has economic impact

  • A credible business plan that supports your activity and that checks the boxes of what the U.S. government wants to see

If you’re currently on TPS, talk to an immigration attorney that specializes in E-2 visas. Only they are fully qualified to provide you with the right guidance.

How We Help

We support Ukrainians transitioning from TPS to E-2 with credible, detailed, and realistic business plans that meet E-2 visa requirements. Our plans are not templates. They are custom-made to reflect the operational details of your business, grounded in the financial realities of your industry, and aligned with the exact criteria the U.S. government looks for.

We work hand-in-hand with your immigration attorney to make sure your case is supported by a strong business plan that shows your business is viable and that your investment makes sense.

Looking to move beyond TPS?

If you’re ready to take control of your future in the U.S., the E-2 visa might be the solution. Contact us to learn how we help Ukrainian nationals make the switch from temporary protection to long-term opportunity through solid business plans tailored to E-2 visa petitions.

Contact us today to get started


The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.


Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.


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