A step-by-step guide based on official visa rules and application standards
Step 1: Picking the Right Business
Mistake: Choosing a business that won’t qualify
Some applicants choose ventures that don’t meet E-2 requirements, such as passive investments or businesses that don’t have growth potential. Real estate held for future sale, stock portfolios, or side projects that don’t create jobs are examples.
What to Do Instead:
Focus on an active, for-profit business that needs your daily management and can create jobs over time. Many investors choose franchises, service businesses, or small retail operations.
Step 2: Registering the Company
Mistake: Skipping legal or licensing steps
Some investors form a business without checking state or local laws. Missing permits or filing in the wrong state can create delays or problems at the visa interview.
What to Do Instead:
Register the company in the state where you’ll operate. Make sure you meet all state and city rules for licensing, taxes, and business activity.
Step 3: Delaying the Investment
Mistake: Applying before the money is actually spent
Funds must be committed to the business before you apply. Simply transferring money to a U.S. bank or saying you plan to invest later won’t meet E-2 rules.
What to Do Instead:
Spend the funds on real business expenses first. You can sign a lease, buy inventory and equipment, or use escrow if you’re purchasing an existing business. Your application must show the money is already tied to the business.
Step 4: Submitting a Weak Business Plan
Mistake: Providing vague or unrealistic projections
Officers reviewing your application will expect a plan that explains how the business will grow and support more than just the investor. Generic or poorly prepared plans can raise concerns.
What to Do Instead:
Include five-year financial forecasts, hiring goals, market research, and your role in the company. Make sure the numbers are realistic and that the plan aligns with your actual business activities.
Step 5: Filing the Wrong Way
Mistake: Using the wrong forms or filing with the wrong office
Some investors file their applications with the wrong agency. This leads to delays or denial.
What to Do Instead:
If you’re applying from outside the U.S., use Form DS-160 and apply through the consulate. If you’re already in the U.S. and changing status, file Form I-129 with USCIS.
Step 6: Going into the Interview Unprepared
Mistake: Not being ready to explain your business
Some applicants rely too much on paperwork. If you can’t clearly explain your business, how you spent the funds or your role, that may affect the officer’s decision.
What to Do Instead:
Review your full application and know your numbers. Be ready to describe what the business does, what your investment paid for, and how you plan to manage daily operations.