E-2 Visa Investment Requirements Explained: Eligibility, Amount, and Key Criteria

If you’re considering launching a business in the United States as a foreign entrepreneur, the E-2 Treaty Investor Visa could be your gateway. This non-immigrant visa allows investors from treaty countries to live and work in the U.S. based on a substantial investment in a real, operating business.  

However, understanding what qualifies as a “substantial investment” and meeting specific E2 visa requirements can be complex. In this post, we’ll break down the key investment criteria, explain what U.S. immigration officials look for, and outline the steps you should take to meet the E-2 visa investment requirements. 

What are the Investment Requirements for an E-2 Visa? 

To meet E2 visa qualifications, an investment must meet several key criteria set by U.S. immigration regulations. First, the investment must be large enough to ensure the investor’s commitment to the success of the business. Second, the funds must be placed at risk, meaning they are subject to partial or total loss. Lastly, the investment must be directed toward a real business with the goal of generating a profit. 

Each of these elements plays a crucial role in determining whether an applicant meets the standards for the E-2 visa. Here’s what each E2 visa requirement entails: 

1. Substantial Investment 

E-2 investors must invest a substantial amount of capital in a real and active U.S. business. No fixed dollar amount exists, but the investment must satisfy several criteria to qualify as “substantial”: 

• The amount must be significant compared to the total cost of purchasing or starting a business. 

• It must be sufficient to demonstrate the investor’s financial commitment to the success of the enterprise. 

While there is no fixed minimum investment dollar amount for an E-2 visa, most qualifying investments will start at $100,000. Importantly, the investor must retain at least 50% of business ownership percentage, confirming a significant stake and commitment. 

Consular Officers at U.S. consulates assess each case individually. We recommend consulting an attorney to determine the appropriate investment level for your specific enterprise. 

2. Real Operating Enterprise 

The business must be an active commercial enterprise. This means: 

• The business must produce goods or services for profit. 

• Speculative ventures or idle investments do not qualify. 

• Uncommitted funds held in a bank account are not sufficient. 

3. Non-Marginal Investment 

To meet the non-marginality standard, the business must: 

• Generate income significantly above what is necessary to support just the investor and their family, or 

• Demonstrate a substantial economic impact in the U.S., such as job creation or contributions to a key industry. 

4. Investor Control and Risk 

• The investor must maintain control of the funds and the business.  

• The capital must be invested at risk in the commercial sense, meaning it is subject to gain or loss.  

• Loans secured by the enterprise’s assets do not count toward the E-2 investment. 

5. Development and Direction 

• The investor must be entering the U.S. to develop and direct the enterprise.  

• Employees of an E-2 business may also qualify if they hold executive, management, or specialized skill positions. 

We recommend seeking E-2 visa legal advice with an experienced immigration attorney to ensure your application meets all legal requirements. Proper guidance can help ensure that all supporting documents are accurate and compliant with U.S. immigration standards. This step is essential to avoid delays or complications in the visa process. 

Step-by-Step Guide to Meeting E-2 Visa Criteria 

Following this step-by-step approach will help ensure your E2 investment meets the necessary benchmarks: 

Step 1: Confirm Treaty Country 

Ensure you are a national of a country that maintains a qualifying treaty with the U.S. These E2 visa countries include Spain, Colombia, Mexico, Germany, Canada, the UK, Turkey, and many others. The full list of E2 treaty countries can be found on the Department of State website. To confirm your eligibility, check if your country of origin or nationality is among the E2 visa eligible countries. 

Step 2: Choose an Eligible Business 

Select a business that meets the E2 requirements for being active and commercial. Service-based companies, franchises, and tech startups are all eligible if structured correctly. 

Step 3: Secure and Transfer Funds 

Move the investment funds into a U.S.-based business account. This should be traceable and documented. The funds must be personally at risk, and cannot be from someone investing on your behalf or a reinvestment of profits. Acceptable sources of investment funds include: 

• Cash Reserves: You can use cash reserves placed in a business account, as long as you have evidence of the source of income. 

• Secured Loans: Loans secured by your own assets, such as a mortgage on real property, can also be used. 

• Unsecured Loans 

• Contributed Assets: You can contribute equipment, inventory, or property to the business, which will be considered part of your investment. 

Step 4: Commit the Investment 

Finalize the purchase or launch of the business. The investor should commit their funds and put them at risk before filing the petition. 

Step 5: Prepare Documentation 

Collect proof of investment, source of investment funds, and the business potential. Demonstrate a legal source of funds and create a detailed E-2 visa business plan. 

Step 6: File the E-2 Visa Petition 

Submit your application to a U.S. consulate or USCIS E-2 visa processing center. This depends on if you are applying from abroad or changing your status from within the U.S. 

Frequent Questions About E-2 Investment Requirements

1. What is the minimum investment amount to get E-2 visa approved?

While there is no fixed minimum investment for an E-2 visa, most qualifying investments will start at $100,000. USCIS may approve smaller investments if the business has low startup costs and present or future capacity to generate revenue. 

2. Can I use a loan for my E2 investment?

Only unsecured personal loans or loans secured by personal assets are allowed. Loans backed by the U.S. business you’re investing in do not meet the requirement. 

3. Does buying a franchise qualify for an E-2 visa?

Yes, the franchise investment visa is common under the E-2 category. This is true if the franchise is active, for-profit, and meets the E-2 investment and control rules.   

4. Can I invest in a startup?

Yes. You can invest in a startup, but you need to show that the business is ready to launch. This means having signed leases, hired staff, or ordered inventory.   

5. Can I apply for an E-2 visa with a business partner?

Yes, if both investors are from E2 visa treaty countries and meet the E-2 investment rules. Or, if one owns at least 50% and the other qualifies as an E-2 employee.