Buying an existing U.S. business can be an effective path to qualify for the E-2 Treaty Investor visa. However, not every business for sale meets the visa standards. The right business must both satisfy legal requirements and make commercial sense. To choose wisely, begin with the official E-2 rules and then apply practical steps that test whether the business is financially sound, operationally active, and a good match for your experience.
E-2 Visa Requirements as Business Selection Criteria
Published by U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State, these rules define what type of business qualifies for an E-2 visa. Each one can guide your evaluation before you invest.
Substantial Investment
Your investment must be substantial in proportion to the cost of the business. Choose a company that requires a meaningful amount of capital so your commitment is clear. Minimal investments or small ownership shares without authority seldom meet this standard.
Real and Operating Enterprise
The enterprise must be active, real, and producing goods or services for profit. Avoid businesses that exist only on paper or generate income passively. Select one with steady operations, customers, and revenue.
Non-Marginality
The business must generate more than minimal income for you and your family or have the capacity to create U.S. jobs. Review the company’s profit statements and growth potential. Enterprises that can hire locally or expand revenue show stronger visa eligibility.
Ownership and Control
You must own at least 50 percent of the business or have operational control. Structure your purchase so decision-making authority is clear. Equal partnerships without management authority often create problems.
Capital at Risk
Investment funds must be committed and subject to loss if the business fails. Use transparent, documented transactions. Escrow accounts linked to visa approval are acceptable, but refundable deposits are not.
Lawful Source of Funds
All invested capital must come from lawful sources such as income, savings, inheritance, or legitimate loans. Maintain complete records of every transfer and avoid unverified funding methods.
Active Involvement
You must direct and develop the business. Select a company that benefits from your management and skills rather than one that operates entirely under hired staff.
Practical Guide to Choosing the Right Business
After understanding the E-2 visa rules, the next step is to apply them to real opportunities. Your goal is to find an existing business that not only meets the E-2 requirements but also has the potential for stability and long-term growth in the U.S. market.
Start by screening opportunities against the E-2 standards of ownership, investment, and operational activity. As you review each option, ask four key questions:
- Is the business currently operating and generating revenue?
- Does it have room to grow or hire additional U.S. workers?
- Will I have clear control and an active management role?
- Is the purchase price a substantial investment relative to my resources and the business’s total cost?
If a business meets these tests, move on to the next stage: assessing industry fit, financial condition, and legal due diligence.
Look at industries that match your background and skills. Consular officers evaluate whether you can direct and develop the enterprise, so prior experience strengthens your case. For example, someone who has managed restaurants, technology services, or manufacturing operations will find it easier to demonstrate credibility when purchasing a similar business. Experience shows you can make informed decisions and oversee day-to-day operations effectively.
Research by the McKinsey Global Institute identifies six sectors that account for most U.S. employment and nearly all expected job creation: health care, business services, leisure and hospitality, construction, manufacturing, and retail. Together, these industries represent about two-thirds of current U.S. jobs and are projected to generate up to 85 percent of new employment through the end of the decade.
Because the E-2 visa requires investors to engage in real, active, and job-creating enterprises, businesses within these expanding sectors often align well with the visa’s purpose. They reflect areas of the U.S. economy that continue to grow, hire, and contribute directly to employment.
Financial health should be your next focus. Review tax returns, balance sheets, and profit-and-loss statements from at least three years. Confirm that revenue trends are stable and debts are reasonable. Reliable financial records support both the “substantial investment” and “non-marginality” standards.
It is also important to confirm legal standing. Make sure the business is properly registered with the state, has all required licenses, and carries no outstanding legal or tax liabilities. A clean record demonstrates operational legitimacy to immigration officers and protects you after purchase.
Professional guidance is essential at every stage. Work with a qualified immigration attorney to confirm eligibility, a licensed business broker to locate opportunities, and a certified accountant to perform due diligence and valuation. Their documentation can form part of your E-2 petition and strengthen its credibility.
Finally, prepare for growth. Your business plan should outline how you will expand operations and hire U.S. workers over time. Demonstrating a plan for economic contribution not only supports your initial visa but also helps when renewing your E-2 status.
Conclusion
The E-2 visa requirements define what a qualifying enterprise must look like. Use them as your foundation, and then apply practical judgment based on industry experience, financial strength, compliance, and growth potential to choose wisely. A business that meets the legal standards and matches your professional skills gives you the strongest chance of approval and long-term success in the United States.
Sources:
- U.S. Citizenship and Immigration Services. E-2 Treaty Investors. U.S. Department of Homeland Security, https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- McKinsey Global Institute. An economy that works: Job creation and America’s future. McKinsey & Company, https://www.mckinsey.com/~/media/mckinsey/featured%20insights/employment%20and%20growth/an%20economy%20that%20works%20for%20us%20job%20creation/mgi_us_job_creation_full_report.pdf