The E-2 Treaty Investor Visa allows eligible foreign nationals to live in the United States while owning and operating a business. It’s not enough to simply invest money. The U.S. government requires that the business be real, active, and capable of generating more than minimal income.
For many applicants, this step brings both opportunity and uncertainty. With thousands of business options available, how do you choose one that aligns with visa rules, fits your budget, and plays to your strengths? Some investors focus on industries they already know. Others are drawn to sectors they’ve always wanted to explore. Whichever the case, the business must meet specific legal requirements to qualify under the E-2 category.
1. The Business Must Be Real and Operating
The enterprise must provide goods or services and be engaged in active commercial operations. According to the U.S. Citizenship and Immigration Services (USCIS), holding property or investing in stocks does not qualify. Common examples of qualifying businesses include restaurants, retail shops, service providers, and small manufacturers.
2. The Investment Must Be Substantial and At Risk
There is no fixed dollar amount, but the funds must be sufficient to launch and run the business. The investment must be committed, not just planned. The amount considered substantial depends on the nature of the business. A low-cost consulting firm may need less capital than a retail franchise or manufacturing operation.
3. The Business Must Have the Capacity to Grow
The E-2 visa is not intended for marginal enterprises. The USCIS requires evidence that the business can generate more than enough income to support the investor and their family. This is typically shown through a business plan, financial projections, or job creation strategies.
4. The Investor Must Control the Business
To qualify, the applicant must own at least 50 percent of the business and play a direct role in its operation. Silent partnerships or passive investment arrangements do not meet E-2 requirements. Day-to-day involvement is necessary.
5. Franchises and Established Businesses May Be Viable
Buying a franchise or existing business can meet E-2 visa criteria if the investor maintains control and the enterprise is otherwise compliant. According to the U.S. Department of State, these options can provide structure, brand recognition, and documentation that support the visa application.
Sources
- U.S. Citizenship and Immigration Services – E-2 Treaty Investors
- U.S. Department of State – Treaty Trader & Investor Visas