Planning an E-2 Investor Visa case for 2026 raises a practical question that matters as much as the business idea itself. How much investment is enough to qualify under the E-2 visa requirements while setting the company up for real success in the United States?
This guide explains what “substantial investment” really means under the E-2 visa USA framework, how consular officers evaluate budgets, and how founders can craft credible, data-backed investment plans for 2026.
The truth about the E-2 visa investment amount in 2026
There is no statutory minimum amount for an E-2 Treaty Investor visa. The law requires a substantial investment, not a specific dollar figure, and that standard will still guide cases in 2026 unless Congress or the agencies change the rule. The key is whether the investment is sufficient for the type of business and whether the funds are irrevocably committed and at risk.
Investors can confirm the absence of a set minimum in official guidance from the U.S. Department of State and USCIS. See the State Department’s E visa policy at 9 FAM 402.9 and the USCIS overview of E-2 treaty investors at USCIS E-2 Treaty Investors. Both explain the “substantial” test and the requirement that funds be at risk in a real and operating enterprise.
For many service businesses, investments in the range commonly seen in successful cases often fall between 100,000 and 300,000 dollars, although lower budgets can work for lean models and higher budgets are typical for brick-and-mortar or inventory-heavy operations. The right figure will depend on the total cost to launch that specific business in its chosen market.
How officers evaluate “substantial” using the proportionality test
E-2 adjudications rely on the proportionality test. Officers compare the amount already invested to the total cost of purchasing or creating the business. If the startup cost is modest, the investor may need to cover a very high percentage of that cost. If the total cost is high, a lower percentage can still be substantial in absolute terms.
Consider two examples that often mirror real-world outcomes:
- Consulting firm: If the total realistic startup cost is 85,000 dollars and the investor has irrevocably committed 75,000 dollars, the proportionality is high. The investment may be substantial if it also addresses staffing, marketing, and operating runway.
- Restaurant: If build-out, equipment, and deposits require 450,000 dollars, an investment of 90,000 dollars is unlikely to be substantial. The percentage is too low for such a capital-intensive concept.
Officers also look at marginality. The business must have the present or future capacity to generate more than a minimal living for the investor and family within five years. Plans that demonstrate job creation, reasonable payroll, and growing revenue help satisfy this E-2 visa requirement. The State Department’s marginality guidance is summarized in 9 FAM 402.9.
What counts as an E-2 investment
To be counted, funds must be the investor’s own, lawfully obtained, and placed at risk. Tangible spending that is irrevocably committed to the U.S. enterprise generally counts. Uncommitted cash sitting in a personal account does not.
Examples that typically count:
- Equipment, inventory, and furniture already purchased and delivered or en route to company custody
- Build-out and leasehold improvements paid to contractors
- Lease deposits, rent prepayments, and utility deposits tied to the business location
- Salaries paid and payroll set up for imminent operations
- Professional services tied to launch such as legal, accounting, branding, and software development
- Marketing spend linked to a launch timeline and documented with invoices
- Working capital placed in the company’s U.S. bank account, with a near-term spend plan
Debt can count if it is a personal obligation secured by the investor’s personal assets. Debt secured only by the assets of the E-2 enterprise typically does not count toward the substantial investment. This distinction appears in 9 FAM 402.9.
Typical ranges by business model in today’s market
Every case is unique, yet market patterns help investors set expectations. The following ranges are observations from common E-2 models in the U.S. business environment. They are not legal thresholds and not promises of approval.
- Lean professional services such as consulting or design: often 70,000 to 150,000 dollars, with emphasis on payroll, marketing, and tangible infrastructure like software subscriptions and equipment
- Franchise service businesses such as home services or fitness: often 150,000 to 350,000 dollars, depending on franchise fees, vehicles, and local build-out
- Restaurant or cafe: commonly 300,000 to 700,000 dollars or more, driven by build-out, equipment, permits, and initial staffing
- Retail: often 200,000 to 500,000 dollars, heavy on inventory and location costs
- Light manufacturing or specialty production: commonly 350,000 dollars and up, depending on machinery and facility requirements
- E-commerce: broad range from 100,000 to 300,000 dollars, influenced by inventory, warehousing, and performance marketing
- Software and tech startups: can be viable near 100,000 to 250,000 dollars if funds are committed to product development, salaries, vendor contracts, and customer acquisition with a credible roadmap
Prospective founders can benchmark their sector with public cost data. For instance, the U.S. Small Business Administration provides a planning guide to estimate startup costs at SBA Startup Costs.
Inflation and 2026 budgeting
Inflation changes what “substantial” looks like in practice. A budget that seemed robust in 2021 may be thin in 2026 for the same city and industry. Data from the U.S. Bureau of Labor Statistics at BLS CPI shows how consumer prices and many input costs have moved in recent years. That trend can influence lease rates, wages, and build-out expenses that E-2 adjudicators see in the real world.
Investors who document current quotes and market rates for 2026 are more persuasive than those who rely on outdated estimates. Officers understand inflation, so a budget that anticipates rising costs appears both realistic and responsible.
Country reciprocity and post-specific practices
Visa validity depends on the reciprocity agreement with the investor’s treaty country. Many nationals receive visa validity up to several years with multiple entries, while others receive shorter terms. Investors can check the reciprocity schedules at Visa Reciprocity by Country.
Consular posts also publish E-2 filing procedures and document checklists on their websites. While the rules are national, presentation practices differ across posts. Reviewing a post’s specific instructions helps shape the petition into the format that adjudicators expect. The State Department’s general E-visa overview is at E-1 and E-2 Visas.
Buying a business, launching a startup, or using franchise models
Each pathway affects both the amount and the evidence of investment.
- Acquiring an existing business: The purchase price, closing statements, and transfer of assets clearly show funds at risk. Due diligence, escrow, and assignment of leases are critical documentation points.
- Starting from scratch: The focus falls on vendor invoices, paid receipts, lease obligations, payroll setup, and a detailed spend plan for working capital. The proportionality test is applied to the total realistic cost to open the doors.
- Franchise: Franchise fees plus build-out and equipment allow clear costing. Officers look for the franchise agreement, training schedules, franchise approvals for location, and proof that the franchise is not a passive investment.
In all three, investors should present a coherent narrative that connects market research, location choices, and the spending plan to projected staffing and revenues.
Escrow, conditional contracts, and committing funds safely
E-2 law allows funds to be placed in a binding escrow agreement that releases upon visa approval. This helps investors avoid losing capital if the visa is denied while still demonstrating commitment. The key is that the purchase agreement or escrow contract must be enforceable, and funds must be fully committed subject only to E-2 approval. The State Department recognizes conditional investments within these limits in 9 FAM 402.9.
Founders should work with reputable escrow agents, ensure clear release mechanics, and include an alternate path if the visa is refused, such as a return of funds.
Working capital, payroll, and runway
Working capital often counts as part of the E-2 investment when deposited in a U.S. business account and earmarked for near-term operating expenses. A credible plan usually funds 3 to 6 months of overhead and early growth. Payroll is a central element since job creation supports the non-marginality requirement.
Adjudicators value a clear timeline: when employees start, when marketing scales, and when the business expects first revenues. Granular cash flow charts in the business plan, backed by quotes and signed contracts, strengthen credibility.
Evidence checklist for a persuasive investment file
Well-prepared E-2 filings combine the legal criteria with documentation that mirrors how real companies launch. A practical checklist includes:
- Company formation documents and tax ID
- Business bank statements and wire receipts tracing funds from lawful sources
- Vendor invoices and paid receipts for equipment, inventory, and services
- Lease and proof of deposits, or home-office justification for certain service businesses with strong alternative infrastructure
- Payroll setup, employment agreements, and first hires where feasible
- Insurance policies, permits, and licenses required by the city or state
- Marketing contracts, ad platform invoices, and brand assets
- Escrow agreements and purchase contracts for asset or stock acquisitions
- Financial projections with assumptions tied to market data
- Organizational chart and job creation roadmap that supports non-marginality
Investors can cross-check legal standards directly in official sources to make sure the exhibit design aligns with the criteria. See 9 FAM 402.9 for definitions and tests.
Red flags that sink “low investment” cases and how to fix them
Some E-2 petitions fail not because the applicant lacks funds, but because the record leaves officers unconvinced. Common pitfalls include:
- Thin spending on operations: Minimal payroll, marketing, or infrastructure suggests a one-person endeavor that risks being marginal. Remedy with documented hiring and customer acquisition plans supported by capital.
- Uncommitted cash: Large balances in personal accounts do not show risk. Move funds into the company and link them to specific near-term expenses.
- Unrealistic projections: Revenue assumptions that lack market validation invite skepticism. Ground forecasts in comparable data, quotes, and signed letters of intent.
- Home-based with no client-facing plan: Remote models can still qualify, but they need tangible spend and clear channels to reach customers. Present tools, subscriptions, campaigns, and sales processes that are already funded.
- Debt secured only by business assets: This often does not count as investment. Use personal savings or personal loans secured by personal assets, and document them clearly.
Frequently asked questions about the E-2 investment amount in 2026
Is there a 100,000 dollar minimum for the E-2 visa?
No. There is no fixed minimum under E-2 visa requirements. Officers apply the substantiality and proportionality tests. That said, many viable business plans land near or above six figures in practice, particularly outside ultra-lean service models.
Can a software startup qualify with a relatively low capital outlay?
Yes if the plan channels committed funds into product development, early hires, vendor contracts, and customer acquisition. The budget must be strong enough to execute the plan. The investor should also show a path to non-marginality within five years.
Does borrowed money count toward the E-2 investment?
Personal loans secured by the investor’s personal assets can count as funds at risk. Loans secured solely by the E-2 enterprise’s assets usually do not. See the Department of State’s E-2 policy at 9 FAM 402.9.
What about renewals and visa validity?
Upon each admission to the U.S. in E-2 status, the investor typically receives up to two years of authorized stay. Visa stamp validity is based on reciprocity by country, which may provide multiple entries for one to five years or other terms. Validity can be checked at Visa Reciprocity. E-2 status can be renewed indefinitely as long as the enterprise continues to meet requirements.
How is E-2 different from EB-5 investor visas?
E-2 is a nonimmigrant visa for nationals of treaty countries with no statutory minimum investment and no direct path to a green card. EB-5 is an immigrant investor category with set minimums and permanent residence. As of current guidance, EB-5 requires an investment of 1,050,000 dollars, or 800,000 dollars in a Targeted Employment Area or infrastructure project. See USCIS EB-5 Investors. Some investors start with E-2 and later pursue EB-5 if appropriate.
A practical method to set the right number for 2026
Investors can build a credible target using a two-step method that mirrors the proportionality test.
Step 1: Build a bottom-up budget
Gather quotes and commitments for the next 6 to 12 months of operations. Include:
- Entity set-up and professional fees
- Lease costs and build-out or a documented remote infrastructure plan
- Equipment and inventory
- Initial payroll for key roles
- Insurance, permits, and compliance
- Marketing and sales pipeline costs
- Working capital for 3 to 6 months of runway
Ask vendors for written quotes and realistic delivery dates. Officers favor numbers that trace back to real offers and invoices.
Step 2: Commit a substantial share upfront
Once the total cost to open is clear, commit a high percentage of that number before applying. For a lean service business that totals 120,000 dollars to launch, committing 90,000 dollars through signed lease, paid vendors, and payroll setup can be persuasive. For a restaurant with a 500,000 dollar launch plan, a much larger committed figure is expected.
Consider whether an escrowed asset purchase or franchise fee accelerates commitment in a way that also protects capital. Ensure the escrow triggers meet E-2 standards.
Sample budget frameworks that work well in E-2 files
These example frameworks show the level of detail that often improves outcomes. They are illustrations rather than prescriptions.
Example A: Marketing-led professional services firm
- Entity and professional services: 10,000 dollars
- Equipment, software, and licenses: 15,000 dollars
- Office lease or dedicated co-working with private office: 12,000 dollars for deposits and initial months
- Payroll for 2 staff plus benefits: 60,000 dollars for the initial months
- Marketing and sales tooling: 25,000 dollars
- Working capital reserve for 4 months: 28,000 dollars
Total planned: 150,000 dollars, with 110,000 dollars already committed at filing and the balance scheduled for near-term spend.
Example B: Quick-service restaurant
- Franchise or brand development: 40,000 dollars
- Leasehold improvements and permits: 220,000 dollars
- Equipment and furniture: 160,000 dollars
- Initial inventory and supplies: 35,000 dollars
- Payroll for pre-opening and first two months: 70,000 dollars
- Marketing and local launch: 25,000 dollars
- Working capital reserve for 3 months: 50,000 dollars
Total planned: 600,000 dollars, with 400,000 dollars committed by the time of filing.
Business plan quality and its impact on the “amount” question
The same number can look strong or weak depending on the business plan. Officers weigh the credibility of assumptions and the clarity of execution. A plan grounded in recent market data, labor availability, rent comparables, and signed vendor agreements can make a mid-range investment appear more than adequate.
A strong plan usually includes:
- Market analysis with competitor pricing and demand signals
- Sales funnel metrics and customer acquisition costs
- Hiring plan with defined roles and timing
- Break-even analysis that aligns with the operating budget
- Risk analysis with mitigation steps and contingency funding
Location and sector sensitivity
Costs in New York, San Francisco, or Miami will differ from costs in mid-sized cities. Sector dynamics matter too. For instance, construction permits and food service inspections can alter timelines and holding costs. Investors should align the investment level with the realities of their city and industry, supported by local quotes and timelines.
Thought-starter questions they might ask:
- What is the true cost to reach first revenue and the next three months after that?
- Which expenses move the needle most for customer acquisition in this sector?
- What staffing level within six months makes the business clearly non-marginal?
- What local permits could slow opening, and how much buffer is budgeted?
Timing strategy leading into 2026
Investors building toward a 2026 filing date should plan the sequence of commitments. A typical playbook includes entity formation, business bank account setup, initial vendor payments, lease negotiations, payroll onboarding, and compiling the documentary record.
They might also watch for any regulatory or reciprocity changes. Agency pages sometimes update forms and instructions. Monitoring State Department E visas and USCIS E-2 pages can help keep the file in sync with current practice.
How the E-2 investment interacts with staffing and growth
The investment amount is not evaluated in isolation. It must connect to headcount and revenue growth. Officers look for a company that will support U.S. jobs and contribute to the economy. Even for lean tech, evidence of contractors, part-time roles that grow to full-time, or vendor relationships that enable scale can strengthen the case.
When funds are committed to team-building and customer acquisition instead of only fixed assets, the business often reads as more dynamic and less marginal.
Compliance, source of funds, and recordkeeping
Every dollar should be traceable. Bank statements showing the movement of funds, sale of assets, dividends, or savings help prove lawful source. If loans are used, include loan agreements and collateral details. For overseas funds, provide currency exchange records and wire confirmations. Good bookkeeping speeds review and reduces follow-up questions.
For a comprehensive legal framework, reference 9 FAM 402.9 and the USCIS overview at E-2 Treaty Investors.
When a larger investment strengthens strategy
Sometimes the right move is to raise the budget to match the scale needed for market entry. Examples include multi-vehicle service fleets, premium retail build-outs, or multi-city launches. If a plan looks marginal at 140,000 dollars but robust and job-creating at 220,000 dollars, increasing the investment may convert a borderline case into a competitive one.
That decision should follow data, not guesswork. Investors can test scenarios through clear milestones, such as adding a key hire or increasing ad spend to hit customer acquisition targets documented in the plan.
E-2 visa USA and broader strategy fit
The E-2 is part of a broader U.S. immigration through investment strategy. It suits entrepreneurs who want to operate and develop a company rather than make a passive investment. For founders from treaty countries, it can be a fast, flexible route compared to immigrant investor options. For those without a qualifying treaty, alternative pathways such as L-1 for intracompany transfers or later EB-5 may be more appropriate, depending on long-term goals. See the State Department’s E-visa overview at E-1 and E-2 Visas.
Key takeaways for setting the investment amount in 2026
A successful E-2 case does not hinge on a magic dollar number. It turns on whether the investment is substantial relative to the total cost of the business, is irrevocably committed and at risk, and supports a credible plan to create jobs and revenues within a reasonable period.
- Use the proportionality test to size the investment correctly
- Document every committed dollar with invoices, receipts, and contracts
- Align the budget with realistic 2026 costs using current quotes and CPI awareness
- Emphasize staffing and customer acquisition to meet the non-marginality standard
- Leverage escrow and structured commitments to protect capital while showing readiness
What number would convincingly open the doors, bring in the first customers, and pay the first team members in the chosen city and sector? The strongest E-2 investor visa files answer that question with evidence, not estimates.
Questions about tailoring a budget for a specific concept, city, or consular post can benefit from experienced guidance. The right plan backed by the right documentation can turn a smart investment into a successful E-2 visa strategy for 2026 and beyond.
Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.