KEY E2 VISA REQUIREMENTS
E-2 Visa Requirements
To qualify for the E-2 Treaty Investor visa, you must meet several requirements, each backed by solid documentation. Below are the essentials—with extra detail on the often-tricky “Real & Operating” requirement.
1. Treaty Nationality
You must hold citizenship in a country that maintains an E-2 treaty with the United States. Permanent residency is not enough—you must be a national of the treaty country.
2. Substantial Investment
The investment must be “substantial” relative to the total cost of buying or starting the business. There’s no set minimum; officers look for an amount that demonstrates commitment and makes the business viable.
3. At-Risk & Committed Funds
The money must be placed at risk of loss and irrevocably committed to the business. Escrow can work if properly conditioned on approval; refundable deposits or speculative arrangements generally do not qualify.
4. Lawful Source & Path of Funds
You must clearly document that your investment funds came from legal sources and show the clean path into the U.S. business accounts. Examples include:
- Personal savings and earnings
- Business profits
- Sale of property or other assets
- Inheritance or gifts (with supporting documentation)
- Loans secured by your personal assets (not by the business)
5. Real & Operating Enterprise
According to the Foreign Affairs Manual, your enterprise must be a genuine, active commercial operation—not a paper entity or passive investment.
Examples of “Real & Operating” Evidence
- Signed lease and utilities for business premises
- Contracts, invoices, and customer agreements
- Inventory, equipment, or marketing assets
- Employees on payroll or credible hiring plans
- Sales activity, vendor relationships, and ongoing operations
6. Non-Marginality
The business must do more than provide a minimal living. Officers expect growth potential and a plan to hire U.S. workers over time.
7. Ownership & Control
You must own at least 50% of the business or have operational control through a managerial role or voting power. Clear operating agreements and governance documents help establish this.
FAQs
Is there a minimum investment for the E-2 visa?
No fixed minimum is required. The amount must be substantial relative to the business model. Many successful cases fall between $80,000 and $250,000 depending on the industry.
What does “real and operating” mean?
Your business must be actively producing goods or services. Evidence can include leases, employees, invoices, licenses, marketing, vendors, and customer activity. Passive or paper entities don’t qualify.
Can I use a loan for my investment?
Yes, if the loan is secured by personal assets. Loans secured by the business itself generally don’t count as at-risk funds.
Do I need to hire U.S. employees immediately?
No, but the business should not be marginal. A credible hiring plan and clear growth trajectory strengthen your case.
Can I apply before fully launching the business?
Yes—many applicants apply with funds in escrow or key contracts in place. The enterprise should be close to operational with documented steps to launch upon approval.
For a full overview, see our Complete Guide to the E-2 Visa.