E-2 Treaty Investor visa holders must operate a real, active, and viable business in the United States. When a business performs poorly, both financial stability and visa eligibility are at risk. The U.S. Department of State sets clear conditions: the business must be operating, capable of growth beyond the investor’s personal needs, and directly managed by the investor (9 FAM 402.9).
Investors should follow a two-part strategy.
First, take clear steps to stabilize the business. Second, collect and organize documentation that proves the business still meets E-2 requirements. Immigration decisions are based on records, not intentions.
Identify and document the problems
Review financial statements, operations, staffing, customer feedback, and product or service performance. Determine whether the core issues are related to internal operations, declining demand, or pricing. As the investor, you are expected to lead. Keeping notes, financial reports, and analysis records can help support your renewal.
Keep the business operational
A business that is paused, temporarily closed, or dormant may no longer qualify as real and operating. Continue business activity at any feasible scale. Fulfill contracts, make sales, maintain vendor relationships, and retain essential staff. Keep records of all actions taken during this time.
Address inefficiencies
Control costs and adjust your model where necessary. You might renegotiate leases, reduce fixed expenses, or revise your delivery process. Document every change and explain how each one improves business stability. These actions reflect ongoing management.
Maintain a clear leadership role
You must actively direct and develop the business. Do not rely fully on outside managers or consultants. Sign contracts, manage cash flow, make hiring decisions, and handle business strategy. Keep documents that show your role in day-to-day decisions.
Meet the requirement to avoid marginal status
A marginal business cannot support long-term E-2 eligibility. Your business should support U.S. workers or show it is likely to do so. Even one part-time employee helps. Provide payroll records, W-2 forms, and a written plan for future hiring. Three-year financial projections prepared by a qualified accountant may strengthen your renewal case.
Adjust offerings if necessary
If your core service or product is no longer profitable, consider offering something different within your approved business scope. Monitor results and document changes. Show how these adjustments helped improve sales or customer interest.
Organize and maintain your business records
Keep all relevant documentation: bank statements, tax filings, payroll reports, customer invoices, lease agreements, and marketing materials. A well-documented file helps demonstrate business activity, planning, and compliance.
Reinvest or shift to a new business
If the current business cannot recover, you may reinvest into a new business that qualifies for the E-2 visa. The new business must be active, substantial, and directly managed by you. Submit updated evidence and file the proper change with the United States Citizenship and Immigration Services (USCIS) or through a consulate.
Prepare Early for E-2 Renewal
Start collecting documents and preparing explanations before your visa expires. The renewal process reviews the business’s activity, financial viability, and your involvement. Explain what steps you have taken to correct issues and how the business remains in operation.
Respond to immigration requests without delay
If the USCIS or a U.S. embassy contacts you for additional information, reply with clear and complete documentation. Common requests include updated financials, proof of payroll, and evidence of your leadership. Delays or incomplete answers can harm your case.
