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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 83 countries with 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 own at least 50% of the business and hold the top 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 held in the applicant’s personal bank account before transferring to the business account.

We provide guidance on fund transfers, considering various sources like loans, gifts, asset sales, 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, and not from unverifiable sources or 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 aims to generate substantial income in which the applicants 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 evaluating thousands of different businesses across many 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 long periods of time; or had been stay-at-home parents.

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 or permits, and necessary expenses.

Factor 4 – Credibility and Tangibility
One of the best ways to demonstrate business credibility and tangibility is to lease appropriate commercial premises 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 the E-2 applicant begin 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 the E-2 visa and the procedures, we’ve got some great video tutorials 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 or 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, the E-2 application is then submitted to the appropriate U.S. immigration agency.

If the application is submitted to a U.S. Consulate or Embassy abroad, then the investor must wait for their application to be reviewed. When the U.S. Consulate or 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 in most cases. The actual timeframe depends on the consulate or embassy's workload.

If the E-2 application is submitted to the USCIS for a change of status (COS) inside the U.S., then no interview is required. The COS application is reviewed and a decision is made. It usually takes 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 Service, involving an additional $2,805 fee to the USCIS. Opting for expedited processing results in a response from the USCIS within 15 days.

A response signifies either an approval, denial, 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 green card or permanent residency.

The appropriate time to consider immigration options is after obtaining the E-2 visa. However, for your general knowledge, there are 3 common paths to permanent residency (green card) 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 visa 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 and/or services, already generates substantial income, and creates jobs by hiring U.S. workers.

Examples of real estate related businesses 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 E-2 visa and ideally should be secured against the applicant's assets. However, if the personal loan is unsecured, then at least 50% of the investment should originate directly from the E-2 applicant's personal funds to show the visa officer that they have “skin in the game”. We consider other factors to evaluate the feasibility of unsecured loan for the E-2 visa, such as where the E-2 application is being submitted (i.e.,, USCIS or U.S. Consulate) and the total investment amount.

Business loans such as commercial or seller's financing are different from eligible personal loans.

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

Using loans (personal or commercial loan) for the E-2 investment can be tricky and could result in E-2 visa denial, if not done correctly. Please get full guidance from an experienced E-2 visa 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 and 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 or permits more efficiently.

However, do not have a U.S. business partner contribute funds toward the investment without prior consultation with an experienced E-2 visa attorney. Our guidance for clients includes specific guidelines commonly followed by visa officers in determining E-2 investment eligibility.

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 equal ownership and financial contributions. Both investors can bring their spouse and unmarried children under age 21 to the U.S. For example, this mean a $150,000 investment could be split between two investors, each contributing $75,000.
• 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 Loa?n”.
• Sell Assets such as Property or Investments: Many of our clients have sold their properties (e.g., real estate, vehicle, etc.) or investments (stocks, bonds, crypto, etc.) to fund their E-2 investment.
• Obtain a commercial loan or funds from a business partner: Commercial loans are not actually counted towards the E-2 investor’s personal contributions. However, there are certain businesses that require large investment to purchase or start-up such as motel or hotel businesses. So long as the investor makes sufficient personal contribution, the remaining funds for the business may be financed by commercial loan(s) or even U.S. business partner(s).

Proving source of funds from these options can be complex. We provide guidance for each client’s situation to maximize E-2 approval and minimize the risk of visa 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 impact the source of funds, transfers, and investment spending. Generally, you can expect to submit the following types of documents to support the E-2 visa application:

- Passports, visa history, and family relationship evidence - Proof of qualifying sources of funds (varies)
- Bank statements showing personal possession and relevant fund transfers
- Proof of Real Business such as entity registration, licenses, tax filings, employees (varies)
- Proof of Investment and Spending (varies)
- Business Plan with 5 year financial and employee projections
- Applicant's 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 Change of Status (COS). This is possible for certain individuals already inside the U.S. with valid visa statuses.

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

Understanding whether to apply outside or inside the U.S. has various challenges depending on individual circumstances and needs. We help clients evaluate the pros and cons of which option is the right choice.

Investors with B1/B2 visas

Investors can utilize their B1/B2 Visitor's Visa 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, procuring necessary supplies or inventory, etc.

It's important to note that investors cannot actively operate their own business while inside the U.S. until they have secured 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. on the ESTA Visa Waiver as WB Business Visitors. While staying in the U.S. as WB Business Visitors, they are permitted to engage in various business activities, including searching business opportunities, negotiating contracts, scouting business premises, procuring necessary supplies or inventory, etc.

It's important to note that investors cannot actively operate their own business while inside the U.S., until they have secured the E-2 visa. However, it is possible to manage and operate the U.S. business remotely from abroad, when the investors are physically 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. as visitors (no visa is required). Canadians should enter the U.S. as B-1 Business Visitors to conduct investment and business set-up activities. As B-1 visitors, they are permitted to engage in various business activities, such as searching for a business, negotiating contracts, scouting business premises, procuring necessary supplies or inventory, etc. It's important to note that investors cannot actively operate their own business, while inside the U.S., until they have received the E-2 visa. However, it is possible to manage and operate the business remotely from abroad, when the investors are physically outside the U.S.

Individuals cannot physically visit the U.S.

Some individuals may not have a visa or other avenues to travel to the U.S. for business start-up or purchase. In this scenario, partnering with a trusted U.S. person may be necessary. The U.S. partner could assist with business set-up or acquisition. We provide clients with advice and tips on how to properly enter the U.S. to conduct investment activities and reduce the 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 the original approved business, it is important to properly structure the additional businesses under the original E-2 business as subsidiaries in order to extend legal permission to work in the new business ventures.

This entails an increase in the initial investment. Maneuvering through this process can be complex, and can jeopardize chances of E-2 visa renewal, if the additional businesses are not capitalized and structured correctly. We have many returning clients who have been financially successful and grown to multiple businesses. Through our tailored strategies and solutions, we were able to guide them on appropriate investment and business structures to ensure E-2 renewal qualification.

This is an advanced question that showcases true entrepreneur spirit. The answer is, YES! It is possible to start off with one business and then expand into a larger investment through purchasing or starting 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 the investor to 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. companies sponsored our clients for the H-1B work visa or employment immigration (EB-2 or EB-3 green card).

Excellent question! The E-2 visa doesn't restrict investors from re-applying based on 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 E-2 application, showcasing how previous issues have been satisfied or resolved.

Yes. A spouse and unmarried children under 21 years of age may apply as E-2 dependent family members.

Spouse and children do not need to have the same citizenship as the investor. Spouse and children don’t even need to have citizenship from a treaty country, because the treaty nationality requirement only applies to the E-2 investor.

As you may know, adult children age 21 or older are not eligible as E-2 dependents. However, it is possible for an adult child to apply as a joint investor with the parent, 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 parent as co-managers. For example, credible proof could be education, training and/or relevant experience.
3. The adult-child’s 50% financial contribution to the business investment must come from qualifying source(s). If the parent 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 E-2 investors with their child, this is normally the most challenging part. However, it is possible for the adult-child to obtain a gift or personal loan from another relative.

Tip: Consider a franchise business, so that the adult-child can obtain training from the franchisor to further demonstrate qualifications to credibly manage and operate the business. These types of joint investments require extra efforts to present the qualifications of the adult-child, and their source of funds. We have successfully assisted a number of 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, and/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 applying for the E-2 visa as the dependent spouse.

No, unfortunately. E-2 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 normally a paid job is not permitted.

However, there are still opportunities for E-2 children to develop skills and build value for their future. E-2 children may volunteer in charitable activities that do not involve traditionally paid position or occupation.

Children with E-2 status are allowed to attend U.S. schools, including public and private schools.

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

However, children are not eligible for Social Security Number, because they are not allowed to work in the U.S. Instead, E-2 children may obtain Individual Taxpayer Identification Number (ITIN) from the IRS.

We’d be happy to help! We can provide more information or provide clarifications. We can also help you schedule a consultation.

To get started, all you need to do is contact us.

Feel free to find out more about our consultation services.