What are the main advantages of the E-2 Investor Visa for entrepreneurs starting a business in the U.S.?

The E-2 Investor Visa offers a range of benefits for entrepreneurs aiming to start or expand a business in the U.S. One of its standout features is the flexibility it provides, allowing investments across various types of businesses - as long as the venture isn’t considered marginal. This opens up opportunities to grow operations, hire employees, and tap into the U.S. market’s potential. Another advantage is the hands-on control it grants business owners. Unlike some other visa options, the E-2 Visa lets entrepreneurs actively manage and oversee their business. Beyond the business perks, this visa extends benefits to family members as well. Spouses can apply for work authorization, and children are allowed to attend school in the U.S., making it a well-rounded option for investors looking to establish themselves and their families in the United States.

How can dual citizens decide which nationality to use when applying for an E-2 Investor Visa, especially if one citizenship is from a non-treaty country?

Dual citizens have the flexibility to decide which nationality to use when applying for an E-2 Investor Visa, provided both nationalities are tied to countries with valid treaties with the U.S. However, if one of the citizenships is from a non-treaty country, the applicant must rely on the nationality of the treaty country to meet the visa requirements. One key point to keep in mind: U.S. law requires dual U.S. citizens to enter the United States using their U.S. passport. While this doesn’t disqualify someone from obtaining an E-2 Visa, it may impact the application strategy. To avoid any issues, make sure the nationality you choose aligns with the treaty requirements.

What challenges might applicants face during the E-2 Visa interview, and how can they prepare effectively?

Applicants often face hurdles during the E-2 Visa interview, such as articulating their business plan, verifying the legitimacy of their investment funds, and proving their intent to actively manage the U.S.-based business. Without proper preparation, these aspects can feel overwhelming. To set yourself up for success, start by thoroughly reviewing all your business documents. This includes your business plan, proof of investment, and ownership records. Practice responding to potential interview questions with confidence and clarity, emphasizing the specifics of your investment and business operations. Staying well-organized and having all necessary paperwork easily accessible can help ease nerves and streamline the process. Above all, focus on clear and honest communication to leave a strong impression during the interview.

What Is an E-2 Investor Visa and How Can You Qualify?

The E-2 Investor Visa allows nationals from treaty countries to invest in and manage a business in the U.S. Here's what you need to know:

Eligibility: You must be a citizen of a treaty country (e.g., the UK, Japan, or Germany - over 80 countries qualify). Dual citizens can apply if one nationality is treaty-eligible.
Investment: No fixed minimum, but investments typically range from $100,000 to $200,000. The funds must be at risk and committed to the business.
Business Ownership: You must own at least 50% of the business and actively manage its operations. The business cannot exist solely to provide personal income - it should contribute to the U.S. economy.
Family Benefits: Spouses can work in the U.S., and children under 21 can attend school.

The application process includes proving the legitimacy of your investment, preparing a detailed business plan, and attending a visa interview. The visa can be renewed indefinitely as long as the business meets requirements.

How to get an USA E-2 Visa Step-by-step

Who Can Apply for an E-2 Visa

The E-2 visa comes with specific eligibility rules, so knowing these details upfront can save you time and resources. Let’s break down the key requirements to see if you qualify.

Country Requirements

Your eligibility for the E-2 visa is based on your citizenship, not your place of birth. To apply, you must be a citizen of a country that has a treaty of commerce and navigation with the United States ^[1].

As of July 2025, more than 80 countries have such treaties with the U.S. ^[2]. For example, citizens of countries like the United Kingdom, Germany, Japan, Canada, and Australia are eligible. However, nationals of countries like China, India, Nigeria, Russia, South Africa, and Vietnam are not ^[3].

If you hold dual citizenship, you can qualify as long as one of your nationalities is from a treaty country. However, if your citizenship was obtained through investment, you must have lived in that treaty country for at least three years before applying ^[3]^[4].

The approval rates for E-2 visas are promising. In 2023, 90.71% of applications were approved, with 54,812 visas granted and only 5,615 refusals ^[3]. Once your nationality is confirmed, the next steps focus on your investment and business management.

Investment Requirements

The investment aspect of the E-2 visa can be tricky since there’s no set minimum amount required. Instead, the U.S. government evaluates whether your investment is significant compared to the overall cost of the business ^[5].

Investment is the treaty investor's placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. ^[1]

Your investment must be substantial in relation to the total cost of either purchasing an existing business or starting a new one ^[5]. For example, a $65,000 convenience store could qualify if you fully fund it. For higher-cost businesses, your investment must represent a significant percentage of the total cost ^[6].

Some successful applicants have qualified with investments as low as $80,000 to $100,000, depending on the business type ^[5]. However, the investment must be fully committed and at risk of loss if the business doesn’t succeed ^[2]. Additionally, the business should generate enough income to contribute to the U.S. economy, not just cover your personal living expenses.

Business and Management Requirements

The E-2 visa isn’t just about investing money - you also need to actively manage the business. You must own at least 50% of the enterprise and demonstrate your intent to develop and direct its operations ^[7].

The investor must have control over the U.S. enterprise. Having 50% control is sufficient, even where the 50% ownership is in a joint venture. Marginality means that the investment cannot exist solely to allow the E-2 investor to make a living. In essence, the investment must create jobs for Americans. ^[7]

Your business must be operational and profitable - it can’t just provide you with a minimal income ^[1]. It should generate more revenue than what’s needed to support you and your family ^[5]. Moreover, the business must comply with all relevant laws, including securing proper licenses and permits at the local, state, and federal levels ^[1].

There are no restrictions on the size or type of business, and no minimum number of employees is required ^[7]. However, your enterprise should have the potential to grow and make a meaningful contribution to the U.S. economy.

Meeting these criteria is essential as you prepare your application and refine your business strategy for the U.S. market.

Documents You Need for Your E-2 Visa Application

Getting your E-2 visa application in order involves preparing documentation that proves your investment, business operations, and personal qualifications. Properly organizing and labeling these materials can make the review process smoother for immigration officers and improve your chances of approval ^[9]. Immigration officers need to verify details about your investment source, the legitimacy of your business, and your personal eligibility, so clarity and thoroughness are key. Below is an overview of the required documents for each category.

Investment and Ownership Documents

One of the most critical parts of your E-2 visa application is demonstrating the source and legitimacy of your investment funds. You'll need to provide detailed financial records that trace your money from its origin to your U.S. business.

Bank statements: Include personal bank account statements showing the transfer of investment funds into your U.S. company's business account ^[8]. Ensure these statements reflect that you had sufficient funds available before making the investment.
Wire transfer receipts: Submit receipts confirming the transfer of funds from your personal account to your U.S. business account. These should match the corresponding entries in the U.S. bank statements ^[8].
Business expense documentation: Provide receipts, purchase orders, and bank statements that detail business-related expenditures ^[8].
Purchase agreements and property documents: If you've purchased an existing business, include the purchase agreements and closing statements. For real estate investments, submit deeds and property closing statements as proof of your investment ^[7].

Business Documents

To establish that your business is legitimate and actively operating, you'll need to compile the following:

Incorporation documents: Include articles of incorporation, operating agreements, and partnership documents that outline your business's legal structure and confirm your ownership (typically at least 50% ownership is required).
Licenses and permits: Provide copies of all applicable business licenses, permits, and certifications from local, state, or federal agencies to verify your business operates legally ^[7].
Business plan: This document is crucial. It should detail how your business will operate, generate income, and sustain itself. The plan must show how your business will produce enough revenue to support you and your family. Additionally, it should highlight the economic benefits your business is expected to bring, whether locally, regionally, or nationally ^[7]^[10].

We've seen many cases where clients struggle with showing that their business is actively operating, so it's important to carefully document the business activities and operations. – VIA Lawyers, PLLC ^[10]

Operational evidence: Include records like receipts and invoices from customers or suppliers, lease agreements for business premises, phone bills, and letters from customers or lenders. Marketing materials, such as brochures or product inventory lists, can also help demonstrate your business's active status ^[7].
Employment documentation: If you have employees, include contracts or payroll records to show job creation. Even if you don’t currently have staff, your business plan should outline plans for future hiring ^[10].

Personal and Legal Documents

These documents confirm your identity and demonstrate your intent to comply with visa requirements:

Valid passport: Ensure your passport from your treaty country is valid for at least six months beyond your intended stay in the U.S. (unless exempt under specific agreements). Include a photocopy of the biographic page showing your citizenship ^[8]^[11].
Visa application forms: Complete the DS-160 online application and include the confirmation page. If you're applying as an executive, manager, or essential employee rather than the primary investor, you'll also need to submit form DS-156E ^[11]^[12].
Dependent documentation: For your spouse and unmarried children under 21, include their passports and birth certificates. This is required for dependents accompanying you under derivative E-2 status ^[8].
Intent to return: Provide proof that you do not plan to permanently immigrate to the U.S. This can include evidence like property ownership in your home country, ongoing business interests, or family ties that demonstrate your intention to return.

Next, we’ll discuss how to organize these materials into a complete application package.

How to Apply for an E-2 Visa: Step-by-Step Process

The E-2 visa application involves three main steps and can take anywhere from a few weeks to several months, depending on how quickly your local consulate processes applications. Here's a breakdown of the process to help you navigate it smoothly.

Step 1: Prepare Your Application

First, confirm that you are a citizen of a treaty country and that your investment meets the required threshold. While there’s no official minimum, most investments fall between $100,000 and $200,000 ^[13].

You’ll need to transfer your investment funds into your U.S. business account to show that the funds are already committed to the venture. Alongside this, create a detailed business plan that includes your business model, financial forecasts, and hiring projections for the next five years ^[8].

Make sure your business is established and ready to operate. Whether it’s already running or prepared to launch upon visa approval, the business must demonstrate its ability to generate jobs and sustain operations ^[13].

Step 2: Complete and Submit Application Forms

Once your materials are ready, it’s time to fill out and submit the necessary forms.

Start with the DS-160 form, which is completed online. The application fee for an E-2 visa is $315 ^[2]. Pay close attention to the "E Visa" section of the form if you’re applying as an E-2 investor ^[12], and double-check that your email address is accurate ^[12].

If you’re applying as an executive, manager, or essential employee (rather than the primary investor), you’ll also need to complete Form DS-156E online ^[12]. This step is not required for E-2 investors or their dependents.

When submitting your application package, make sure all documents are in PDF format and organized into clearly labeled sections with tabs. Keep the total length to 50 pages of standard information, excluding Tabs A-C and G-28 ^[12].

For those already in the U.S. seeking to change their visa status to E-2, you’ll need to file Form I-129 instead. This form comes with a $1,015 filing fee, plus a $600 Asylum Program fee ^[13]. If you’re in a hurry, you can pay an additional $2,805 for premium processing to expedite the review ^[13].

Step 3: Schedule and Attend Your Visa Interview

After submitting your forms and paying the necessary fees, schedule your visa interview at your local U.S. consulate ^[13].

Before the interview, review all your documents thoroughly so you can confidently discuss your business. Be prepared to provide clear, concise answers about your investment source, business model, industry outlook, and financial projections ^[16]. You should also be ready to explain your role in the company and how you plan to oversee its development.

Bring all required documents to the interview, such as your application confirmation sheet, fee payment receipt, appointment confirmation, passports, and a copy of your complete application ^[14]. The interview itself may take up to 30 minutes and will likely include detailed questions about your business, finances, and your role within the company ^[17].

Dress professionally and approach the interview with confidence. If you’re unsure about a question, it’s better to admit it than to guess ^[16]. Also, demonstrate your intent to return to your home country once your E-2 status expires. Be ready to explain your long-term plans and show evidence of strong ties to your home country ^[16].

Keep in mind that some consulates may not allow lawyers to join you during the interview ^[15], so it’s essential to prepare thoroughly and represent your case effectively.

Types of Businesses That Qualify and Investment Amounts

This section dives into the kinds of businesses and investment levels that typically align with E-2 visa requirements. From small-scale ventures to larger operations, the E-2 visa accommodates a wide range of business types. Knowing which businesses are most likely to succeed - and how much capital is typically needed - can help you plan your approach effectively.

Business Types That Qualify

Service-based businesses are a common choice due to their steady revenue potential, scalability, and relatively low barriers to entry. These businesses often require active involvement from the owner, which fits well with E-2 visa criteria ^[23].

Joorney, a leading provider of E-2 business plans, highlights several popular business categories. These include residential property management, e-commerce stores, restaurants, management consulting firms, residential construction and remodeling, gas stations with convenience stores, advertising agencies, and janitorial services. Collectively, these account for over 25% of E-2 business plans submitted [20].

Franchises are another attractive option for E-2 visa applicants. Their established business models, brand recognition, and ongoing support make them appealing. Franchises also tend to have higher approval rates because their performance is well-documented, and they come with built-in operational frameworks ^[23].

Tech ventures - such as IT consulting, digital marketing, and e-commerce - are gaining popularity. These businesses often require less initial capital and offer significant growth potential ^[23].

Existing businesses are a practical route for many applicants. Purchasing an established business can expedite the visa process as it comes with a proven operational history, existing revenue, and staff. This reduces startup risks and provides solid evidence of viability ^[23].

Investment amounts vary widely depending on the business type. For example, online startups have been launched with as little as $50,000, while restaurant franchises might require around $180,000. This range showcases the diverse opportunities available ^[23].

How Much You Need to Invest

There’s no set minimum investment for an E-2 visa, but the amount must be considered substantial relative to the total cost of the business ^[5]^[22]. Generally, the lower the overall cost of the business, the higher the percentage of investment required to meet this standard ^[1].

The E-2 visa is known for its flexible investment threshold and provides a cost-effective path to the United States, with many investors opting for an investment near the $100,000 mark. – EB5AN ^[21]

For smaller businesses, investments between $100,000 and $200,000 tend to offer higher approval rates ^[22]. It’s also critical that your investment is "at risk", meaning the funds must be committed to the business and not held in a secure account ^[22].

Operating a Business in the U.S.

After selecting and funding a qualifying business, your focus shifts to managing operations and meeting local compliance requirements. Once your E-2 visa is approved, you’ll need to address the day-to-day realities of running a business in the U.S.

All financial transactions will be conducted in U.S. dollars, so establishing a solid relationship with a business bank is essential. Understanding currency exchange rates and related implications can also be beneficial.

Commercial lease agreements vary significantly by location. Familiarize yourself with local practices, including common area maintenance charges, property taxes, and zoning regulations, as these can impact your operations.

State and local business regulations differ widely as well. Depending on your business type, you may need specific licenses, adhere to employment laws, or meet industry-specific standards. For example, restaurants must comply with health department regulations, while construction businesses often require contractor licenses and building permits.

Tax compliance is another critical area. This includes federal, state, and sometimes local tax obligations. Be prepared for quarterly estimated tax payments, payroll taxes (if you hire staff), and sales tax collection, depending on your business model.

Hiring employees can further strengthen your E-2 visa standing, particularly when applying for renewals. Job creation highlights your contribution to the local economy ^[18]. Selecting a business that aligns with your expertise and interests ^[19] and conducting thorough due diligence will help ensure that your venture is profitable, sustainable, and compliant with E-2 visa requirements ^[19]. Proper preparation will position you for long-term success in the U.S. market.

Next Steps for Your E-2 Visa Application

The E-2 Visa offers nationals from treaty countries the chance to invest in and manage a business in the U.S. Unlike visas with fixed investment thresholds, the E-2 focuses on a "substantial" contribution, which is assessed relative to the total cost of the business. This flexibility makes it an attractive option for entrepreneurs. Here’s what you need to know to prepare your application.

What to Remember

There are three core requirements for the E-2 Visa: nationality from a treaty country, substantial investment, and active involvement in managing the business. Importantly, the funds must already be committed to the business - simply holding them in a bank account won’t suffice. For smaller businesses, a higher percentage of the total cost often needs to be invested to meet the "substantial" threshold.

A well-prepared business plan is critical. It should include detailed financial projections, a breakdown of how the investment will be used, marketing strategies, and a clear management structure. This document not only supports your initial application but also plays a key role during renewal. Since renewals require proof of actual business performance, your business plan must be accurate and grounded in reality.

Getting Started with Your Application

Once you’ve confirmed your eligibility and investment details, you’re ready to start assembling your application package. Here’s how to begin:

Verify your eligibility: Ensure you are a national of a treaty country. This is the first step before moving forward.
Develop your business concept: Define the nature of your business and calculate the necessary investment. Patricia Casaburi, Founder & CEO of Global Citizen Solutions, advises:

Determine the total investment required, including the purchase price. Develop a business proposal that outlines your investment, the nature of the business, and its potential to be profitable. ^[13]

Organize your documentation: Collect proof of investment funds, ownership records, and personal identification. It’s essential to show that your investment funds are lawfully obtained and well-documented ^[24].

Seeking professional guidance is highly recommended. An experienced immigration attorney can help ensure your application meets all the E-2 requirements. As one expert emphasizes:

An experienced immigration lawyer will provide you with guidance and advice on the requirements, paperwork, and timelines. With their help, you can make sure that your application is complete and accurate, giving you a greater chance of having your application approved. ^[25]

Start preparing early, as the process involves extensive documentation. Choose a business that aligns with your professional background, as this alignment strengthens your case. Additionally, many E visa units have specific requirements for business plan formatting, so following their guidelines carefully is critical ^[24]. With thorough preparation and the right support, you can confidently navigate the E-2 visa application process and establish your business in the U.S. successfully.