The Business Model

Our client, who was previously in the United States on F-1 student status, launched a U.S.-based eCommerce company specializing in health supplements. The business operates across multiple sales channels, including TikTok Shop, Amazon, and Shopify, taking advantage of today’s digital marketplace landscape.

The company was built on a lean startup model, utilizing automation tools and influencer marketing to maximize efficiency and reach. This modern approach allowed for a lower initial investment while still demonstrating substantial business potential.

Breaking Down the Investment

The $78,000 investment wasn’t an arbitrary number. It was carefully allocated across essential business components:

• Inventory of health supplement products
• Marketing and advertising campaigns
• Website development and eCommerce infrastructure
• Business formation and operational setup

While this might not sound like a fortune compared to traditional brick-and-mortar investments, it was proportional and appropriate for the type of business being established. That proportionality matters significantly in E-2 adjudication.

What Made This Application Successful

The investment amount alone didn’t secure the approval. Several critical factors came together to make this F-1 to E-2 change of status successful:

• A Comprehensive Business Plan: The application included a detailed business plan that outlined the company’s strategy, target market, competitive advantages, and operational approach. This demonstrated serious intent and business acumen.
• Realistic Financial Projections: Rather than presenting overly optimistic numbers, the client provided grounded financial projections based on industry benchmarks and realistic market assumptions.
• Job Creation Potential: The business plan clearly outlined how the company would create U.S. jobs as it scales. Even though the initial operation was lean, there was a concrete roadmap for hiring American workers.
• Proof of Viability: Through contracts, vendor agreements, website development, and initial inventory purchases, the client proved this was a real, operational business—not just a concept.

Key Takeaways for E-2 Applicants

This case illustrates several important principles for anyone considering the E-2 path, especially those currently in the U.S. on F-1 status:

• You don’t need an enormous investment, but you do need a substantial one relative to your business type. An eCommerce operation naturally requires less capital than a restaurant or manufacturing facility.
• Your business must be real and operational (or ready to begin upon approval). USCIS wants to see that you’ve moved beyond the planning stage and have genuinely committed capital to a functioning enterprise.
• Documentation is everything. A well-prepared business plan, clear financial projections, and evidence proving the real and operating nature of the business are essential components of a strong change of status filing.
• The business must have growth potential. Even if you’re starting lean, you need to demonstrate how the business will expand and contribute to the U.S. economy through job creation.

Is E-2 Right for Your Business?

If you’re an entrepreneur from a treaty country looking to establish or invest in a U.S. business, the E-2 classification might be an excellent option. For those already in the United States—such as F-1 students or other nonimmigrant visa holders—a change of status to E-2 can allow you to launch or continue operating your business without leaving the country.

The key is ensuring your investment is substantial, your business is viable, and your application is properly documented. Every case is unique, and E-2 requirements can be complex. Working with an experienced immigration attorney can make the difference between approval and denial.