E-2 Visa for AI Startups: Real Case Study Shows How Tech Entrepreneurs Get Approved

Published: October 23, 2025 | Reading Time: 8 minutes

The AI revolution is transforming the global economy, and talented entrepreneurs from around the world want to build their companies in the United States. But how do you actually get approved for an E-2 visa as an AI startup founder?

Today, I'm walking you through a real case we handled—with details changed for privacy—that perfectly illustrates how the E-2 visa can work beautifully for AI startups.

Why AI Startups Matter to the U.S. Economy

We’re in the middle of a transformational wave. AI tools are changing how companies build software, automate workflows, and make decisions. Inviting AI founders to build in the U.S. creates tangible economic value:

Jobs: High-skill roles in engineering, product, design, sales, and customer success.
Innovation: New products and capabilities that boost U.S. competitiveness.
Revenue & tax base: Real companies generating real sales in U.S. markets.
Productivity gains: AI that helps American businesses work faster and smarter.

This is the policy goal behind the E-2: attract entrepreneurs who invest capital, build teams, and contribute to U.S. growth.

The Case: An AI Entrepreneur Comes to America

Let’s look at a real example. While identifying details have been changed for privacy, this case perfectly illustrates how the E-2 visa can work for AI entrepreneurs and technology founders.

The Founder’s Background

Our client was a treaty-country national with a powerful combination of technical expertise and entrepreneurial experience:

Advanced degree in Computer Science with a focus on machine learning
Experience managing significant assets at a major investment firm
Proven entrepreneurial record and prior business ownership
Hands-on leadership of large-scale AI system development

In other words, the founder had both technical depth and business credibility — the perfect combination for a tech founder who is applying for the E-2 visa.

The Vision

The company’s goal was to develop an AI-powered platform that allows anyone to build software using natural language. Users describe what they want — and the system writes the code automatically.

After forming the business, the founder invested approximatley $100,000 into the company. The funds went toward essential startup costs including cloud infrastructure, proprietary AI development, and business setup. The platform reached a functional prototype stage and secured grants from major cloud providers as well as early partnerships with established tech firms.

To expand operations, hire a U.S. team, and access venture networks, the founder needed to relocate to the United States. That’s where the E-2 visa came into play.

Breaking Down the E-2 Requirements for AI Startups

The E-2 visa has several core requirements. Here’s how a tech founder can meet each one — and how our case did.

1) Treaty Country Nationality

The investor must be a national of a country with an E-2 treaty. For eligible countries, see our E-2 countries list. In our case, this was straightforward — the founder held treaty nationality.

2) Substantial, At-Risk Investment

There’s no fixed dollar minimum. The key is proportionality. The amount must be substantial relative to the cost of launching this specific type of business. For a cloud-based AI platform, a well-documented six-figure spend can be substantial.

Committed & at risk: Funds used for product development, cloud/compute, specialized hardware, brand & website, initial payroll, legal/accounting, and operational setup.
Proof matters: Bank statements, wire receipts, invoices, contracts, subscription agreements, and a clear spreadsheet detailing the spending.

In our case: six-figure personal investment, already deployed into product build, cloud credits usage, equipment, professional fees, etc.

3) More Than Marginal (Real Economic Impact)

The business should do more than support the owner — it should create jobs and contribute to the U.S. economy. Present conservative, defensible projections and a staged hiring plan based on demand and expected operations.

Revenue growth forecast supported by market research and pricing model.
Hiring plan (roles, timing, responsibilities) — e.g., engineers, product, success, sales.
Unit economics or go-to-market milestones that tie to headcount.

In our case: projections from six-figure revenue to seven figures over five years, with a plan to employ 10+ U.S. workers.

4) Real & Operating Enterprise

You need to show a bona fide, active business — not just an idea on paper. Evidence for AI startups often includes:

Company formation, EIN, bank account, insurance, licenses (as applicable).
Working prototype, demos, or paying pilot users.
Cloud credits/grants, vendor contracts, and partnership letters.
Website, brand assets, active marketing or sales pipeline documents.

In our case: incorporation completed, product prototype live, cloud grants awarded, and early-stage partnerships in place.

5) Ability to Develop & Direct

The investor must demonstrate that they are coming to the United States to direct and develop the business. This is typcially accomplished by showing that the investor holds the majority of the equity and has operational control. AI founders can give their case a boost by showing a blend of relevant technical and business experience.

Founder CV showing relevant education (e.g., ML/CS) and track record.
Executive role (e.g., CEO) with clear decision-making authority.
Advisors or early hires that complement the founder’s skill set.

In our case: machine-learning background, prior enterprise experience, and defined CEO responsibilities across product, hiring, and strategy.

Quick Prep Checklist

Articles of organization/incorporation, EIN, bank statements.
Investment ledger with matching invoices, wires, receipts.
Prototype/demo screenshots, cloud credits/grants, vendor/partner docs.
Business plan with hiring roadmap and realistic financials.
Founder CV + role description (develop & direct).

Why This E-2 Case Worked So Well

What made this particular AI startup’s E-2 visa approval so successful? Several factors came together to create an exceptionally strong case — the kind of file that makes an adjudicator’s job easy.

Perfect Market Timing

The startup launched at the intersection of two booming sectors — low-code software development and artificial intelligence. Timing matters. The founder demonstrated an understanding of market trends, competitive positioning, and the explosive growth curve of generative AI tools.

Clear Economic Benefit

The business plan outlined how the company would directly contribute to the U.S. economy — through new hiring, local vendor relationships, and revenue from U.S. clients. This level of clarity helps officers easily connect the dots between investment and tangible impact.

Strong Documentation

Every part of the application was properly supported — from wire transfers and incorporation records to proof of partnerships and grant awards. There was no ambiguity, no missing proof, and no speculative statements. Documentation drives confidence.

Qualified Entrepreneur

The founder’s professional and educational background made it easy to show capability to develop and direct. The officer could see a direct link between the founder’s prior work, leadership experience, and this specific business model.

Realistic Growth Plan

The projections were ambitious but credible — supported by real-world data, comparable companies, and rational assumptions. It showed the business could scale sustainably without overpromising.

When an E-2 case blends strong investment, real economic benefit, excellent documentation, and a qualified founder — approval often follows naturally.

The Bigger Picture: Why E-2 Visas Matter

Cases like this highlight why the E-2 visa program remains one of the most valuable business immigration pathways in the United States. It’s a win-win framework that rewards innovation and entrepreneurship while fueling the U.S. economy with new jobs and technologies.

For AI founders and tech entrepreneurs, the E-2 visa offers an opportunity to launch in one of the world’s most dynamic markets — where capital, talent, and infrastructure converge to accelerate growth.

When entrepreneurs invest in America, they bring more than money. They bring innovation, ambition, and a vision for the future — the same qualities that built the modern U.S. economy.

For the U.S., each successful E-2 business means new jobs, local spending, and often — as in this case — the creation of technology that enhances productivity and competitiveness across industries.

These ripple effects are exactly what the treaty investor program was designed to encourage: meaningful, long-term economic impact driven by global talent.

Key Takeaways for AI Startup Founders

Building a strong E-2 case as an AI founder is absolutely doable. Focus on proportional investment, real progress, and credible plans for U.S. jobs.

Investment context beats raw dollars. Explain why your spend level is substantial for your model (cloud, compute, talent, IP). Tie expenses to launch and early traction.
Show real commitment. Incorporation, paid invoices, prototype/MVP, vendor contracts, cloud credits, and pilots all prove you’re beyond the idea stage.
Demonstrate economic benefit. Include a staged hiring plan (roles, timing, salaries), revenue projections, and how U.S. customers/vendors factor into growth.
Document everything. Keep tidy evidence trails for source & path of funds, wire receipts, equipment/software spend, grants/partnerships, and IP ownership.
Prove you can lead. Briefly connect your background (AI/ML expertise, prior leadership, industry network) to your role directing and developing the company.

Quick checklist: Company formed • Funds committed/at risk • MVP/prototype live • Early partners or pilots • Hiring plan outlined • Financials & assumptions documented • Founder qualifications clearly presented.

Is the E-2 Visa Right for Your AI Startup?

The E-2 visa can be a powerful option for founders from treaty countries who want to build their company in the United States. It offers flexibility, quick adjudication compared to other business visas, and the ability to live and work where your business grows.

For AI and tech entrepreneurs, success depends on demonstrating three things: real investment (committed funds and tangible progress), real potential (a credible business model backed by market validation), and real benefit to the U.S. economy (job creation and innovation).

Show a clear link between your investment and the launch of a viable business.
Back your projections with data — not just enthusiasm.
Explain how U.S. workers, vendors, or consumers benefit from your company’s success.

The E-2 visa rewards founders who are both bold and prepared. If your AI startup is real, funded, and ready to hire, you can qualify — even without venture capital or massive spending.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. The case study has been anonymized to protect client confidentiality. Each E-2 visa case depends on individual circumstances, treaty eligibility, and current U.S. immigration policy. For advice tailored to your situation, consult with a qualified immigration attorney.

E-2 Visa: Complete Guide for Entrepreneurs
E-2 Visa Examples & Case Studies

🔗 Official Reference: Review the U.S. Department of State – 9 FAM 402.9 (E Visas) for the full Foreign Affairs Manual guidance on the E-2 visa program.