Below is a quick summary of the E-2 visa requirements. If you’d like to dig deeper into these requirements, we’ve got great articles.

E-2 Visa Requirements & How to Apply

Nationality:

Applicants must come from one of 84 countries having a special agreement with the U.S. Unfortunately, countries like India and China don't qualify.

List of Treaty Countries

Investment:

Applicants must have already invested or be actively in the process of investing a substantial amount into the U.S. business. Evidence includes receipts, invoices, and financial transactions.

We assist clients in minimizing risks to avoid E-2 visa denial.

Investor’s Control:

The applicant should manage at least 50% of the business and hold a managerial role.

We guide clients on suitable business structures and financial contributions for E-2 visa eligibility.

Personal Possession:

Funds intended for the business should be in the applicant’s personal account before transferring them to the business account.

We provide guidance on fund transfers, considering various sources like loans, gifts, or partners.

Substantial Investment:

The investment should match the business's requirements, showing commitment and support for its success. We help clients determine an appropriate investment amount based on their chosen business.

Source of Funds:

Money for the investment must be legally acquired, not from criminal activities.

We assist in identifying and documenting the source of funds, be it personal savings, loans, or partnerships.

Real & Operating Business:

The business must be operational, having all necessary elements like a physical space, equipment, website, and complying with legal requirements.

We guide clients on meeting visa officers' expectations.

Marginal Business:

The business shouldn't just cover living expenses but aim for substantial income in which the applicant and their family can live comfortably in the U.S.

For startups, we assess eligibility and offer solutions to bolster qualifications for the E-2 visa.

For purchasing existing businesses, we evaluate business financial performance (revenue, profit, owner income, and payroll) and provide feedback on whether the business qualifies for E-2 visa. If the business is a weak candidate, we also provide solutions that could boost its eligibility for the E-2 visa.

The appropriate investment needed for the E-2 visa depends on the type and scale of the business venture. Therefore, there is no specific law that determines how much needs to be invested to qualify.

In practice, E-2 applicants should consider investing at least $100,000. Investments up to $150,000 or more could be stronger for most types of businesses. Remember, the correct investment, depends on the business.

Fantastic question! First understand that visa officers do not favor one or the other. This is good news because this does not limit your choices.

Checkout the below resources to help you decide whether you’d prefer to buy an existing business or start a new business:

Buying or Starting a Business In The United States
How to Buy an Existing Business in the U.S. for E-2 Visa Investment?
How to Start a Business in the U.S. for E-2 Visa Investment?

Based on over 20 years of experience in evaluating hundreds of different businesses across a various industries, I’ve identified 4 Factors that help any business qualify for the E-2 visa.

Factor 1 – Job Creation
The business should create employment opportunities for American workers.

Factor 2 – Investor's Qualifications
The investor needs to demonstrate their ability to operate the business successfully and generate sufficient profits to sustain a comfortable lifestyle. Qualifications can be shown through education, employment history, training, certificates, etc.

Tip: Individuals lacking strong qualifications might consider a franchise business because franchisors often offer training programs that can help build necessary qualifications for the E-2 application. We've successfully assisted numerous clients who did not have direct qualifications, had been out of work for a long period of time, or had been a stay-at-home parent.

Factor 3 – Operational Readiness
The business must be fully equipped to operate effectively. This requires a substantial investment covering essential equipment, supplies, inventory, renovations, vehicles, business premises, licenses/permits, and necessary expenses.

Factor 4 – Credibility and Tangibility
One of the best ways to demonstrate business credibility and tangibility is to lease a commercial premise for the business.

Various types of for-profit businesses selling products or services could potentially qualify for the E-2 visa, if they meet the specific E-2 visa requirements.

As part of our services, we evaluate business ideas, business models, and existing businesses before an E2 applicant begins their investment process.

Investment Process

First, an investment needs to be made based on the E-2 Requirements

You can download a sample list of investment activities and types of documents to expect

Submission Process

Second, is to submit the E-2 visa application to the appropriate U.S. immigration agency.

The submission processes and procedures will depend on where the E-2 application is submitted.

For more on the how to apply for E-2 visa and the procedures, we’ve got some great videos below.

E-2 Visa Road Map part 1

E-2 Visa Road Map part 2

The timeline for obtaining an E-2 visa involves two significant processes, each with its distinct duration. Many investors overlook the first initial process, but understanding both timelines allows for better planning and sets realistic expectations.

First Timeline – Investment Process:

Complying with E-2 requirements involves completing the investment. The duration to complete an investment depends on how quickly the investor decides on a business, obtain their funds, make necessary expenses, obtain business license/permits, etc.

Our clients typically spend 2-5 months or longer to complete their investment process. Of course the timeline inevitably depends on each individual.

Upon completing the investment, we progress to the second timeline below.

Second Timeline – Submission Process:

Once the investment is completed, evaluations of documents are satisfactory, and the E-2 application is prepared. Then the E-2 application is submitted to the appropriate U.S. immigration agency.

If the application is submitted to a U.S. Consulate/Embassy abroad, the investor must wait for their application to be reviewed. When the U.S. Consulate/Embassy is done reviewing, an invitation for a visa interview will be offered. The application review, interview scheduling, and receiving a decision may take 2-6 months. The timeframe depends on the consulate/embassy's workload.

If application is submitted to the USCIS for a change of status, no interview is required. The application is reviewed and a decision is made. It can take 4-10 months to receive a decision which arrives by mail. However, there is a faster way to obtain a decision for change of status applicants only. This is called premium processing, involving an additional $2,500 fee with Form I-907. Opting for premium processing results in a decision within 15 days.

A decision signifies approval, denial, administrative processing, or a request for additional evidence.

On average the entire timeline (Investment & Submission) can take 4-15 months or more.

For a more detailed breakdown of these timelines, click here to access our free 7 Stage Timeline for the E-2 visa.

The E-2 visa is categorized as a 'temporary visa' that grants a stay of 2 to 5 years, duration varying based on the applicant's country of citizenship. It can be renewed every 2 to 5 years as long as the applicant continues to own and actively operate their U.S. business. However, the E-2 visa itself does not directly lead to a green card or permanent residency.

he appropriate time to consider green card options is after obtaining the E-2 visa. However, for your general knowledge, there are three common paths to pursue permanent residency for E-2 investors:

Option 1: Employment Green Card (GC)
Option 2: National Interest Waiver (NIW) Green Card
Option 3: EB-5 Investment Green Card

We get this question a lot. In general, businesses related to real estate, including rental properties, could potentially align with E-2 visa requirements, but it's essential they meet specific criteria

However, renting out one or two properties to tenants (even with platforms like AirBnB) does not qualify for the E-2 visa. This falls under the category of a 'passive' investment, which does not meet E-2 Requirements.

The E-2 visa requires the creation of an active (not passive) commercial enterprise, involving the purchase or start of a business that actively offers products/services, already generates substantial income, and creates jobs by hiring U.S. workers.

Examples of a real estate based business that could work for the E-2 visa:

• Property Flipping Business
• Property Management
• Construction/Restoration Business
• Real Estate Brokerage Business

100% personal loan is possible for the E2 visa and ideally should be secured. However, if the personal loan is unsecured, then at least 50% or more of the investment should comes directly from the E-2 applicant to show the visa officer that they have “skin in the game”. We consider other factors to evaluate the risk factor of unsecured loan such as where the E-2 application is being submitted and the total investment.

Business loans such as commercial or seller financing is different from personal loan.

When it comes to business loans, we provide our clients with careful guidance on how commercial loan is appropriate based on their total investment and personal contribution.

Using loans (personal or commercial business loan) for the E-2 investment can be tricky and could result in E-2 denial if not done correctly. Please get full guidance from an experienced E-2 attorney before taking any irrevocable actions.

The E-2 visa allows U.S. business partner(s), provided that the E-2 applicant maintains at least a 50% ownership stake or majority shareholder position, holds the highest managerial role, and serves as the primary substantial financial contributor to the business.

Collaborating with a U.S. business partner can offer valuable advantages, such as expediting the process of opening a U.S. business bank account and acquiring business licenses/permits more efficiently.

However, don’t have a U.S. business partner contribute funds toward the investment without prior consultation with an experienced E-2 attorney. Our guidance to clients includes following to specific guidelines commonly followed by visa officers that experienced E-2 attorneys are knowledgeable about.

There are multiple options to consider if you personally do not have enough funds for the E-2 investment:

• Find Joint E-2 Investor: The E-2 visa allows 2 joint investors with 50/50 ownership and financial contribution. Both investors can bring their spouse and children under 21 years of age to the U.S. This could potentially mean a $150,000 split into $75,000 each investor.
• Obtain a Gift or Personal Loan from Family or Friends The E-2 visa allows gift or personal loans from friends or family. See question “Can I Use a Loan”.
• Sell Assets such as Property or Investments: Many of our clients have sold their property (home, vehicle, etc.) or investments (stocks, bonds, etc.) to fund their E-2 investment.
• Obtain a commercial loan or funds from a business partner: Commercial loans are not actually counted as the investor’s personal contributions. However, there are certain businesses that require large investment to purchase or startup such as motel/hotel business. So long as the investor makes enough of a contribution, the remaining funds for the business can come from a commercial loan or even a U.S. business partner(s).

Proving source of funds from these options can be complex. We provide guidance to each person’s situation to maximize E-2 approval and minimize E-2 denial.

The E-2 visa application process is document-intensive, and as they say, ‘the devil is in the details.' It’s not just a simple checklist of documents but rather ensuring all actions follow the E-2 requirements that influence the source of funds, transfers, and investment expenses. Generally, you can expect to submit the below types of documents for the E-2 application:

- Passport - Documents proving source of funds (varies)
- Bank statements showing personal possession and relevant transfers
- Proof of Business such as business registration (varies)
- Proof of Investment (varies)
- Resume/Certifications/Degrees

You can download a sample list of investment activities and types of documents to expect

Submitting the E-2 application inside the U.S. is called a change of status. This is possible for certain individuals already inside the U.S.

There is a big difference between applying for the E-2 Visa at a U.S. Embassy/Consulate abroad (Consular Processing) versus Change of Status.

Understanding whether to apply outside or inside the U.S. has various challenges depending on the individual. We can help clients weigh the pros and cons on which option is the right fit.

Investors with B1/B2 visas

Investors can utilize their visa status to enter the U.S. as B-1 Business Visitors. While in the U.S., B-1 Business Visitors are permitted to engage in various business activities, such as searching for a business, negotiating contracts, scouting business premises, and procuring necessary supplies or inventory, and etc.

It's important to note that investors cannot actively operate their own business while inside the U.S. until they secure the E-2 visa. However, it is possible to operate the business outside the U.S.

Investors with ESTA

Investors can enter the U.S. with their ESTA as WB Business Visitors. While in the U.S. as WB Business Visitors they are permitted to engage in various business activities, such as searching for a business, negotiating contracts, scouting business premises, and procuring necessary supplies or inventory, and etc.

It's important to note that investors cannot actively operate their own business while inside the U.S. until they secure the E-2 visa. However, it is possible to operate the business outside the U.S.

For Canadian

Canadian Investors [hyperlink Canadians how to apply], it’s simple. They only need a valid Canadian passport to enter the U.S. (no visa is required). Canadian E-2 investor should enter the U.S. as B-1 Business Visitor. As a B-1 Business Visitors they are permitted to engage in various business activities, such as searching for a business, negotiating contracts, scouting business premises, and procuring necessary supplies or inventory, and etc. It's important to note that investors cannot actively operate their own business while inside the U.S. until they secure the E-2 visa. However, it is possible to operate the business outside the U.S.

Individuals cannot physically visit the U.S.

Some individuals may not have a visa or other avenues to visit the U.S. for business setup or purchase. In this scenario, partnering with a trusted U.S. business partner may be necessary. This partner could provide assistance with business setup or acquisition. We provide clients with tips on how to properly enter the U.S. to conduct investment activities and reduce risk of denied entry into the U.S.

After acquiring the E-2 visa, individuals are permitted to start or purchase additional businesses. However, it's crucial to structure these new ventures under the original business utilized to obtain the E-2 visa. Since the E-2 visa only allows the investor to work within their own business, buy properly structuring the additional businesses under the original E-2 business, then they are technically allowed to work in the added business.

This entails an increase in the initial investment. Maneuvering through this process can be complex, and can jeopardize chances of an E-2 renewal if the added business is not done correctly. We have many returning clients who have been successful and grown to multiple businesses. Through our guidance we were able to guide them on appropriate investment and structure.

This is an advanced question that show cases true entrepreneur spirit. The answer is, YES! It is possible to start off with one business and expand into a larger investment purchasing or starting up more businesses. In order to do this successfully, lots of careful planning needs to be done with the business structure

The E-2 visa requires that investors engage solely within the U.S. business associated with their visa approval. E-2 investors are not permitted to be employed by another company, including popular side-hustles such as Uber, UberEats, GrubHub, etc.

Tip: If an investor establishes a consulting business offering business-to-business (B2B) services, they could use their U.S. business to provide consulting services to other companies.

In the past, we've witnessed clients leveraging their consulting businesses to collaborate with other companies. Remarkably, these collaborations have resulted in significant opportunities. In certain instances, the other U.S. Company sponsored our client for a green card work permit such as EB-3 or H1-B.

Excellent question! The E-2 visa doesn't restrict investors from reapplying with the same business. Often, a denial stems from the visa officer feeling that one or more E-2 requirements weren't convincingly met. However, it's possible to address these concerns and submit a new application, showcasing how previous issues have been resolved.

Yes. A spouse and children under 21 years of age may apply as E-2 dependents.

Spouse and children do not need to have the same citizenship as the investor. Spouse and children don’t even need to have citizenship with a treaty country because the nationality treaty country requirement only applies to the investor.

As you may know, adult children 21 years and older are not eligible as E-2 dependents. However, it is possible for them to apply as a joint investor with the parents so long as the following can be satisfied:

1. Investor and adult child, jointly own the business as 50/50 equal partners and financially contribute equally to the business investment. Each partner must own at least 50% shares to qualify for E-2 visa.
2. Credible proof of the adult-child’s business skills to run the business with the investor as co-manager. For example, credible proof could be education, training and experience.
3. The adult-child’s 50% financial contribution to the business investment must come from qualifying source(s). If the investor will be the 50% business partner, then the adult-child’s funds cannot come from the parent-investor (even as a gift). The adult-child’s financial contribution should originate from sources separate from the parent-investor. For most parents who intend to be joint E2 investors with their children, this is normally the most challenging part. However, it is possible for the adult-child to obtain a gift from another relative.

Tip: Consider a franchise business, so that the adult-child can obtain training from the franchisor to further demonstrate qualifications to own the business. These types of joint investments take extra work to promote the qualifications of the adult-child and their source of funds. We have successfully assisted parent and adult-child joint investors.

Yes, E-2 dependent spouses enjoy the flexibility to engage in various work activities within the United States. They can work for a U.S. company, start their own business, or be employed in the investor's business.

Tip: For couples contemplating the primary investor and dependent spouse roles, a helpful strategy is to assess each spouse's career trajectory regarding potential income and opportunities for employment sponsorship leading to a green card. The spouse with the greatest likelihood of securing employment in the U.S. might consider becoming the dependent spouse.

No, unfortunately. E2 dependent children are not authorized to work and not permitted to obtain a Social Security Number.

Children cannot do unpaid internships that involve working in a position that is traditionally a paid occupation. Even volunteer work, if it involves working in a position that is traditionally a paid occupation is not permitted.

However, there is still an opportunity for E-2 children to grow skills and build value for their future. E-2 children may engage in certain types of volunteer that involve charitable activities, which do not involve traditionally paid position or occupation.

Children with E-2 status are allowed to attend U.S. school whether public or private school.

Yes. After obtaining the E-2 status, the primary investor and spouse may apply for Social Security Number

However, children are not eligible to apply for Social Security Number because they are not permitted to work in the U.S.

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