E-2 Visa Business Examples: Real Cases from My Practice

Choosing the right business for your E-2 visa  is one of the most important decisions you’ll make. The business needs to meet specific requirements: it must be a real and operating enterprise, require a substantial investment, and generate enough income to be more than marginal.

Over the years, I’ve helped entrepreneurs from treaty countries secure E-2 visas for businesses with investments ranging from less than $40,000 to over $250,000. Below are real examples from my practice—across different industries, investment levels, and business models—to help you understand what works and why.

A Note on These Examples

The cases below are drawn from my practice, though details have been left vague or generalized to protect client confidentiality. These examples are meant to illustrate what’s possible, not to be prescriptive. Treatment across consular posts varies significantly, so filing location, individual consular officers, and other case-specific details can create varying results. What works at one post may face additional scrutiny at another. Always consult with an E-2 visa attorney about your specific circumstances and intended filing location.

Retail and Food Service

Gas Station and Convenience Store ($250,000+ Investment)

An entrepreneur purchased 100% of an existing gas station and convenience store at a major highway intersection in a tourist area. He bought the business assets, goodwill, and inventory (not the property itself). The business had 4 employees at purchase, with plans to expand to 6 employees, introduce a fast-food menu, add delivery services through Uber Eats and DoorDash, and install a ticket counter for tourists. Before his visa interview, he transferred all funds to the seller in installments, putting everything at risk. Projections showed several million in sales in year one with strong growth over five years.

Key success factors: Full commitment with all funds transferred before the interview, substantial investment for 100% ownership, and credible plans for job creation and business expansion.

Seafood Restaurant ($210,000 Investment)

A foreign investor purchased an established seafood restaurant in a coastal town for $210,000. The deal was structured with $175,000 held in escrow (released upon visa approval) and $35,000 in seller financing. She also had operating capital exceeding the seller financing amount and had already spent approximately $11,000 on legal fees, business planning, and setup costs before visa approval. The restaurant was already operational with employees, revenue, a lease, and an established track record.

Key success factors: Smart escrow structure that protected the investment while meeting irrevocable commitment requirements, real and operating business with demonstrated viability, substantial investment meeting the proportionality test when combining escrow funds, operating capital, and at-risk expenses already paid.

Coffee Shop ($158,000 Investment)

A coffee expert from a treaty country invested over $158,000 to open a specialty coffee shop in a bustling US college town. The investment covered top-tier coffee equipment, a prime downtown location, dedicated space for roasting high-quality beans, professional fees, a branded cargo bike for local deliveries, and approximately $60,000 set aside for initial operating expenses. The business plan projected sales growing from $500,000 in year one to over $1.6 million by year five, with clear job creation for U.S. workers.

Key success factors: Substantial at-risk investment demonstrating commitment, alignment between the investor’s deep expertise in coffee and the business concept, detailed business plan with strong growth projections and job creation.

Service-Based Businesses

Medical Spa ($110,000 Investment)

A certified laser technician with over 10 years of experience opened a full-service medical spa offering laser hair removal, customized facials, acne treatment, scar reduction, and wrinkle treatments. The investment included $80,000 in advanced laser equipment transferred from her home country, plus nearly $10,000 in customs and tariffs to import it, along with legal fees, business formation costs, lease payments, and professional certifications. Everything was deployed and operational before the application. The business plan projected starting with 4 employees in year one and scaling to 9 employees by year five, with revenue growing from $279,000 to over $790,000.

Key success factors: Alignment between professional expertise and the business, demonstrable commitment through equipment transfer from abroad and paying import costs, operational readiness with licenses, partnerships with medical directors for regulatory compliance, and credible growth projections.

Salon ($82,000 Investment)

An experienced salon owner invested approximately $82,000 to open a full-service hair salon. The investment breakdown included $5,100 for salon equipment, $8,400 for legal fees, $4,300 for lease deposit, $3,300 for social media and marketing, $39,000 for construction and build-out, plus operating capital in the business account. The business plan projected hiring 3 employees in the first year, growing to 8 employees by year five, demonstrating strong job creation potential.

Key success factors: Substantial investment relative to the business type, clear job creation plan showing the business would be more than marginal, operational readiness despite construction timeline challenges.

Marketing Agency ($66,000+ Investment)

An entrepreneur established a branding and marketing agency with approximately $66,500 in investment: $30,000 for advance rent, $20,000 for marketing and consulting services, $9,500 for office supplies and equipment, and $7,000 for professional fees. The business projected $400,000 in revenue and 4 jobs created in the first full year of operations. This case was filed as a change of status with USCIS rather than a consular visa application.

Key success factors: Service-based business model requiring lower physical infrastructure investment while still meeting substantiality requirements, strong revenue projections demonstrating the business would exceed marginality, clear job creation plan showing capacity to employ U.S. workers beyond the investor.

Technology and E-Commerce

AI Startup ($100,000 Investment)

A tech entrepreneur launched an AI-focused software company with approximately $100,000 in investment. The business plan showed strong revenue projections based on the scalability of software products and services, with plans to hire U.S.-based developers and support staff. The technology sector allows for lower physical overhead costs while demonstrating high-growth potential.

Key success factors: Investment substantial for the business type despite lower physical infrastructure needs, credible plans for rapid scaling and job creation in a high-growth industry, specialized technical expertise aligned with the business model.

E-Commerce Health Supplements ($78,000 Investment)

An entrepreneur invested approximately $78,000 in a U.S.-based e-commerce business selling health supplements through TikTok Shop, Amazon, and Shopify. The investment covered inventory, marketing, web development, and business infrastructure using a lean startup model with automation and influencer marketing. The business had a detailed business plan, realistic financial projections, and a clear plan to create U.S. jobs over time.

Key success factors: Investment substantial in proportion to the type of business being launched, demonstrating the business was real, viable, and built for growth despite operating primarily online, credible job creation plans showing capacity beyond marginality.

Franchise Businesses

Cleaning Franchise ($160,000 Investment)

An entrepreneur from a treaty country purchased a cleaning franchise, investing approximately $160,000 in franchise fees, equipment, initial marketing, and working capital. The service-based business model required lower overhead than retail operations while demonstrating clear revenue potential and job creation through the proven franchise system.

Key success factors: Proven franchise system with established brand recognition and support structure reducing business risk, substantial investment meeting proportionality requirements for the business type, service-based model with clear scalability and employment potential.

What These Cases Have in Common

While these businesses span different industries and investment levels, successful E-2 cases share certain characteristics:

Substantial Investment: Each investment was substantial in relation to the total cost of establishing or purchasing the business. The proportionality test means lower-cost businesses require higher percentage investments, while higher-cost businesses can meet the threshold through the magnitude of investment alone. Investments ranged from $66,000 for a marketing agency to over $250,000 for a gas station, each substantial for its business type.

Real and Operating Enterprise: Every business demonstrated it was real and operating (or would be operational upon visa approval) through tangible evidence: leases, equipment purchases, licenses, contracts, inventory, and in several cases, existing revenue and employees.

More Than Marginal: Each business showed the present or future capacity to generate income beyond providing a minimal living for the investor and family. This was typically demonstrated through credible job creation plans, with businesses projecting anywhere from 3 to 9 employees within the first few years.

At-Risk Investment: Funds were committed and at risk before the visa application or interview. In some cases, all funds were transferred upfront. In others, escrow arrangements showed irrevocable commitment while protecting the investor. Additional at-risk expenditures like legal fees, equipment purchases, and deposits strengthened the cases.

Investor Control and Expertise: Investors demonstrated the ability to develop and direct the enterprise through majority ownership, managerial roles, or operational control. Many cases were strengthened by clear alignment between the investor’s background and expertise and the business they were launching.

Understanding Investment Levels

One common misconception is that you need to invest $100,000 or more to qualify for an E-2 visa. These cases prove that’s not always true.

What matters isn’t hitting a specific dollar amount—it’s whether your investment is substantial in relation to the total cost of the business. A $66,000 investment in a marketing agency can be substantial if that represents the capital needed to establish and operate that type of business. A $250,000 investment in a gas station is substantial given the higher costs of purchasing an established retail and fuel operation.

The key is the proportionality test: your investment should represent a significant portion of what it costs to establish or purchase the business and get it operational.

What Business Type Is Right for You?

The E-2 visa doesn’t favor any particular industry. What matters is whether your business meets the legal requirements and whether you can demonstrate the expertise, commitment, and resources to make it successful.

When evaluating potential businesses, consider:

• Your background and expertise: Cases are strengthened when your experience aligns with the business
• Investment amount relative to business cost: Focus on the proportionality test, not arbitrary dollar thresholds
• Job creation potential: Can the business employ U.S. workers beyond yourself?
• Operational readiness: Can you show the business is real and ready to operate?
• Market viability: Are your revenue projections realistic and well-supported?

Next Steps

If you’re considering an E-2 visa and evaluating business options, the examples above should give you a sense of what’s possible across different industries and investment levels.

Wondering if your business idea qualifies for an E-2 visa? Schedule a consultation to discuss your specific situation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The examples provided are based on real cases but have been generalized to protect client confidentiality. Treatment of E-2 applications varies by consular post, and results in one case do not guarantee similar outcomes in others. Consult with a qualified immigration attorney regarding your specific situation and intended filing location.