What Businesses Qualify for an E‑2 Visa? A Comprehensive Guide
- Aynur Baghirzade
- Jul 28
- 7 min read
For entrepreneurs looking to invest in the United States, the E‑2 Treaty Investor Visa is a compelling pathway. It allows nationals from qualifying countries to invest in and manage a U.S. business and live in the country for the duration of their enterprise. But not every business qualifies. In this article, we explain the purpose, eligibility, process, and types of businesses best suited for E‑2 qualification. We'll also show how Accura Immigration Law Firm helps structure your investment and build a successful application.
The E‑2 visa allows foreign nationals from treaty countries to invest in and manage U.S. businesses. To qualify, the business must be real, operational, and not marginal. Ideal businesses include franchises, restaurants, retail, IT consultancies, and service-based firms with growth and employment potential. Passive investments like land or rentals don’t qualify. Success requires a substantial investment, solid business plan, and job creation goals. With expert guidance from Accura Immigration Firm, investors can navigate the legal process, structure their business, and strengthen their application. The E‑2 visa offers flexibility and renewal potential for entrepreneurs seeking U.S. business opportunities.
Purpose of the E‑2 Visa
The E‑2 visa aims to attract foreign investment that stimulates the U.S. economy, creates jobs, and employs managerial or essential roles. It's meant for serious business ventures—not passive investments. Investors receive temporary residence to direct and oversee business operations that demonstrate actual commitment of capital and significant economic benefit.
Eligibility for E‑2 Investors
To qualify for an E‑2 visa, applicants must meet key requirements:
1. Nationality
The investor must be a citizen of a country that has a treaty of commerce and navigation with the U.S.
2. Substantial Investment
The capital invested must be substantial in relation to the total cost—often described as sufficient to ensure successful operation. There’s no fixed minimum, but commonly ranges from $100,000 to $250,000, or higher depending on industry.
3. At Risk and Irreversible
The investment must be irrevocable and at risk, meaning funds are committed, invested, and cannot be easily withdrawn before achieving business outcomes.
4. Real, Operating Enterprise
Passive holdings (like undeveloped land or stocks) do not qualify. The business must be operational, providing services or goods in commerce.
5. Marginality Test
The business must generate more than a marginal income—that is, it must produce more than enough to support just the investor and their family. Ideally, it should create U.S. jobs or be poised to do so.
6. Control and Direction
The investor must hold at least 50% ownership or have operational control through a managerial position.
7. Intent to Depart
E‑2 status is nonimmigrant, so holders must intend to eventually depart the U.S., even though it can be renewed indefinitely under certain conditions.
The E‑2 Visa Process: Step by Step
Step 1: Business Planning & Structuring
Clients work with legal and financial advisors to create a detailed business plan showing startup or expansion, investment sources, projected revenue, staffing, and economic impact.
Step 2: Investment Transfer & Incorporation
Funds are transferred into U.S. accounts, and the business entity (LLC, corporation) is formally established. Contracts and leases are signed to show commitment.
Step 3: USCIS or Consulate Application
If in the U.S., file Form I‑129 with supporting documents. If abroad, complete a DS‑160 and attend an interview at a U.S. consulate in your home country.
Step 4: Interview & Approval
Consular or USCIS officers review evidence such as business licenses, bank statements, investment records, and the business plan. Approval results in validity for up to two years, renewable indefinitely.
Step 5: Employment & Expansion
The investor may start operations, hire U.S. employees, and expand the business. After two years, the investor may renew.
Types of Businesses That Qualify Best for E‑2
1. Service-Based Firms
IT consulting, digital marketing, or software development firms with recurring contracts
Medical practices, specialized healthcare services, language training schoolsThese businesses typically launch quickly and serve U.S. markets.
2. Franchise Operations
Purchasing a recognized franchise (restaurants, fitness centers, retail) often fits E‑2 criteria, assuming compliance with investment and operational requirements.
3. Retail or Restaurant Ventures
Cafés, niche restaurants, boutique retail storesTo qualify, these businesses should show scalability and potential to hire staff.
4. Light Manufacturing or Import/Export
Small manufacturing lines, packaging operations, or trading firmsThese often require higher investment but can generate local employment and growth.
5. Real Estate Development (with operational services)
Hotels, serviced apartments, or multi-unit properties paired with value‑add servicesPure rental property does not count, but if the investor manages a travel‑related service or operation, it can qualify.
6. Tech Startups and Innovation Enterprises
High-tech or research firms can meet E‑2 thresholds if investment is substantial and the business model is operational—with prototypes, client pipelines, or scaled offerings.
7. Professional Practices
Law, accounting, or design firms led by qualified professionalsThese can qualify if structured to serve U.S. clients and the investment reflects startup costs and overhead.
What Makes a Business Weak for E‑2 Consideration
Passive holdings (e.g. undeveloped land, passive real estate)
Part-time ventures (not expected to generate employment or revenue)
Non‑profit or charitable projects (usually non‑commercial)
Speculative real estate with no operations
Low-investment consultancies run remotely with minimal commitments
Such setups tend to fail the “substantial” or “marginality” test and may lead to denial.
Evidence to Support Your Application
Successful E‑2 applications are supported by:
A clear business plan: market analysis, staff, financial forecasts, job creation
Proof of investment: wire transfers, escrow agreements, leases, invoices
Operational documents: licenses, contracts, early sales or service receipts
Ownership records: business organization documents showing control
Job descriptions and wage projections: to show more than just investor support
Credibility of source funds: bank statements, tax returns, or investment portfolio documentation
How Accura Immigration Law Firm Assists Investors
Initial Assessment and Strategy
Accura begins with an evaluation of the investor’s background, nationality, funds, and potential business ideas. They assess whether the investor’s country qualifies under the U.S. treaty list.
Business Structuring and Planning
The firm collaborates with financial and industry experts to prepare a robust business plan demonstrating viability and job potential.
Documentation and Package Preparation
They compile investment documents, business licenses, financial records, and staffing plans into a clear, well-organized filing.
Legal Drafting and Application Submission
Accura prepares Form I‑129 or DS‑160 application materials, articulating compliance with all E‑2 criteria and handling any complex questions or supplemental requests.
Interview Coaching and Support
They provide in-depth preparation for consular or USCIS interviews, anticipate questions, and help frame responses in a compelling way.
Renewal and Compliance Guidance
Once approved, Accura helps clients maintain compliance, expand operations, prepare renewal filings, and transition to possible long-term status like L‑1 or EB‑5 if desired.
Case Examples: Qualifying Business Models
Digital Marketing Firm: An investor previously based in their home country invests $150,000 into a U.S. marketing operation focused on local clientele. They can show recurring contracts, a lease, 2–3 job offers, and funds fully committed. Accura helped organize contracts, marketing materials, and projections for E‑2 approval.
Boutique Restaurant Franchise: An investor purchased a well-known café franchise for $250,000. The franchise agreement shows initial investment, staff hiring plans, and tenant lease. Accura provided performance projections and staffing projections to pass the marginality requirement.
Healthcare Clinic: A medical professional invests $300,000 in a specialized clinic targeted to immigrant communities. Licenses and staffing projections demonstrate substantial investment and job creation. Accura prepared regulatory filings, professional credential verification, and business financial modeling.
Benefits and Limitations of the E‑2 Visa
Benefits
Fast and flexible: Can be processed in 2–3 months via consular route or in-country petitions
Renewable indefinitely: As long as the business continues
Spouses and dependents: Spouse may apply for work authorization (E‑2 spouse); dependents can study
Entrepreneur control: Owner-manager controls daily operations
Limitations
Nonimmigrant intent required: Must maintain intent to return home
No green card direct path: Limited long-term residency options
Treaty countries only: Restricts access to specific nationalities
Substantial capital barrier: Startups with minimal capital often fail qualification
Tips for Building a Strong E‑2 Business Case
Supporting Funds and Source Proof
Investors must show funds came from lawful sources—personal savings, sale of assets, inheritance, or business equity.
Any loan must be secured with personal assets and bona fide; unsecured personal loans raise concerns.
Clear bank statements, tax filings, or inheritance documentation provide credibility.
Transitioning from E‑2 to Permanent Residency
While E‑2 is temporary, many investors seek pathways to a green card:
EB‑5 Investor Visa: If you increase investment to $800,000 or $1,050,000 and create 10 jobs
EB‑1A or EB‑2 NIW: For founders with exceptional ability or national interest projects
L‑1A Intracompany Transfer: If you establish and run a manager-led affiliate
Accura helps plan and navigate these transitions from within the U.S. system.
Maintaining E‑2 Compliance
To maintain E‑2 status:
Continue substantial operations and avoid downscaling to marginal business
Renew visa within allotted time before expiration
File regular tax returns and maintain payroll records
Keep documents organized in case of audits or extensions
Notify authorities of changes in business structure or leadership
Accura plays a key role in compliance planning and preparation.
Conclusion
The E‑2 visa offers a valuable opportunity for foreign investors to live and work in the U.S. while managing their own businesses. However, successful qualification demands careful structuring, substantial investment, and detailed documentation. Businesses that best qualify are operational, service- or product-based, scalable, and committed to U.S. economic impact.
With guidance from Accura Immigration Law Firm, entrepreneurs can navigate these requirements confidently. Accura supports everything from selecting a suitable business model, documenting investment, drafting applications, to long-term compliance and renewal.
If you're ready to invest in a U.S. enterprise and need tailored support for your E‑2 visa journey, Accura offers expert legal counsel to help make your entrepreneurial vision a reality.
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