E2 Visa Business Requirements: What You Need to Know

If you’re an entrepreneur looking to start or invest in a business in the United States, the E2 visa might be a great option for you. But before you apply, it’s important to understand the business requirements that will determine whether your venture qualifies for this visa.

In this guide, I’ll walk you through some of the key E2 visa business requirements in a simple and clear way—no confusing legal jargon here! Let’s dive in.

1. The Business Must Have Treaty Nationality

One of the first things to check is whether your business meets the treaty nationality requirement.

📌 What does this mean?
At least 50% of the business must be owned by nationals of a country that has an E-2 treaty with the U.S.

👉 Example: If you’re a French citizen (France is an E-2 treaty country) and you start a business in the U.S., you must own at least half of it for it to qualify.

🔍 What if the business is owned by another company?
If your U.S. business is owned by another company (like a holding company), you’ll need to show that at least 50% of the holding company is owned by nationals of a treaty country.

2. The Business Must Be a For-Profit Enterprise

The E-2 visa is meant to support businesses that contribute to the U.S. economy. That means non-profit organizations don’t qualify.

📌 Why?
The U.S. government wants E-2 visa businesses to generate income and create jobs.

👉 Example: If you want to start a charity or non-profit, the E-2 visa won’t work. Instead, you’d need to explore other visa options.

3. The Business Must Not Be “Marginal”

Your business must generate enough income to provide more than just a minimal living for you and your family.

📌 How is this measured?

Job creation – The more jobs your business creates, the stronger your case.
Revenue projections – You may need to provide business plans showing that your company will be financially viable.

👉 Example: If your business is just covering your personal expenses but not expanding or hiring employees, it may be considered marginal and not qualify.

🚨 Important Tip: While the government may accept projections when you first apply, they will take a closer look at actual job creation when you apply for renewal. If your business hasn’t met its job creation goals, renewing your visa could be difficult.

4. The Business Must Be Supported by a Sufficient Investment

One of the biggest questions investors ask is: How much do I need to invest?

📌 There’s no set dollar amount, but your investment must be “substantial.”
Instead of a fixed number, the U.S. government uses the proportionality test, which compares:
✔️ The amount you invest vs. The total cost of the business.

📌 How does this work?

If your business is low-cost (e.g., $100,000), you’ll likely need to invest most or all of it to qualify.
If your business is high-cost (e.g., $10 million), investing a smaller percentage might still be considered substantial.

👉 Example:

A small coffee shop might require an investment of $80,000–$100,000 to be considered substantial.
A tech startup with high initial startup costs might require a larger total investment, but a lower percentage could still be acceptable.

5. The Business Must Be Real and Operating
Your business must be active and producing goods or services—it can’t just exist on paper.

📌 What does this mean?

No undeveloped land
No stock investments
No businesses that aren’t yet ready to operate.

👉 Example:

A restaurant that has a lease, equipment, and staff would likely qualify.
A real estate investor who simply owns vacant properties would NOT qualify.

🚀 Tip: If you’re launching a new business, you need to show that it will be fully operational when your visa is issued.

Final Thoughts: E2 Visa Business Requirements

If your business meets these five requirements, you could be well on your way to securing an E2 visa! 🎉

Still unsure? That’s totally normal—E2 visa cases can be complex, and every situation is unique.

📩 Need help? Feel free to reach out to one of the many amazing E2 visa lawyers that you can find worldwide.

👍 If you found this guide helpful, consider sharing it with others who might be interested in the E2 visa process!

Disclaimer:
This blog post is for informational purposes only and does not constitute legal advice. Immigration laws are complex and subject to change, so consult with an experienced immigration attorney to discuss your specific case.