Professional service businesses can qualify for the E-2 Treaty Investor visa if they are structured to operate as real companies and not as self-employment. While these ventures rely on specialized knowledge, what matters under E-2 rules is how the business is formed, funded, and managed.
The E-2 visa allows nationals of treaty countries to enter the United States to direct and develop a business in which they have invested. There is no fixed minimum investment amount. The investment must be substantial in proportion to the cost of starting and operating the business. The funds must be placed at risk, meaning they must be spent or legally committed before the visa is issued. The business must be active, produce goods or services, and support more than the investor’s personal income.
Professional services are defined under the U.S. government’s North American Industry Classification System (NAICS), specifically Sector 54, which includes businesses that provide specialized, knowledge-based services. These include legal, accounting, engineering, architectural, IT consulting, and related fields. They rely on training, expertise, and client relationships rather than physical products or inventory.
To qualify for the E-2 visa, a professional service business must meet the same standards as any other eligible enterprise. This includes:
- Legal formation as a business entity
- Clear documentation of startup and operating costs
- Evidence of client contracts or ongoing engagements
- A plan for hiring or working with staff or contractors
- Active service delivery, not passive income or availability alone
For example, an accountant opening a U.S. practice may spend on licensing, compliance, office setup, payroll, and marketing. A consultant in technology or management must show client agreements, staff involvement, and a structured plan for growth. A sole practitioner without contracts, staff, or operations beyond their own labor may not meet E-2 requirements.
The U.S. government reviews whether the business is active, viable, and capable of contributing to the local economy. A professional service company that is well-organized, funded appropriately, and operating beyond personal support can meet the E-2 visa standard.
Sources
- USCIS – E-2 Treaty Investors: https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- U.S. Department of State – 9 FAM 402.9 (E-2 Visa Guidelines): https://fam.state.gov/FAM/09FAM/09FAM040209.html
- NAICS Sector 54 – Professional, Scientific, and Technical Services: https://www.naics.com/naics-code-description/?code=54
- U.S. Bureau of Labor Statistics – NAICS 54 Overview: https://www.bls.gov/iag/tgs/iag54.htm