The E-2 Treaty Investor visa is a type of non-immigrant visa that allows individuals from countries with qualifying treaties of commerce and navigation to enter the United States to invest in and direct a U.S. business. To be eligible, the investor must plan to develop and manage a real commercial enterprise in the United States and make a substantial investment in that business. This visa category is managed under rules set forth by the U.S. Department of State (DOS) and implemented by U.S. Citizenship and Immigration Services (USCIS).
The U.S. government does not limit the E-2 Treaty Investor visa to specific industries or business sectors. Many different types of businesses may qualify when they meet the legal requirements. Eligibility is based on the structure, investment, and day-to-day operation of the business.
Before considering any specific business idea, it is important to understand how the U.S. government evaluates whether a business qualifies for an E-2 Treaty Investor visa.
A qualifying E-2 business must meet all of the following requirements:
- Real and active commercial enterprise
The business must be a real, operating enterprise that produces goods or services. It must actively conduct business in the United States. - Substantial investment
The investor must place a substantial amount of capital at risk in the business. The investment must be sufficient to ensure the successful operation of the enterprise. There is no fixed minimum dollar amount. - Investor control and direction
The investor must own at least 50 percent of the business or otherwise possess operational control. The investor must direct and develop the enterprise on an ongoing basis. - Non-marginal enterprise
The business must have the present or future capacity to generate more than minimal income for the investor and their family. It should contribute to the U.S. economy and support job creation.
In 2026, prospective applicants may wonder whether certain business types are more popular or more likely to receive approval under the E-2 Treaty Investor visa. There is no single business type or formula that determines eligibility. Each application is reviewed based on the specific facts of the business and whether it meets U.S. government requirements for active operations, substantial investment, and non-marginal enterprise, including the ability to support job creation.
Sample business types and why they can qualify for an E-2 visa
Service-based businesses
Examples include consulting firms, marketing agencies, information technology services, cleaning companies, logistics coordination services, and personal care services.
These businesses qualify because they provide ongoing services that require active, day-to-day operations in the United States. The investor typically manages client relationships, staff, and service delivery, which supports the requirement to develop and direct the enterprise. Expenses such as office space, equipment, vehicles, insurance, and payroll can demonstrate a substantial investment placed at risk. When the business employs workers or plans to do so, it can meet the non-marginal enterprise requirement.
Franchised businesses
Examples include restaurants, fitness centers, retail franchises, and service franchises.
A franchise can qualify because it operates as a real and active commercial enterprise with defined operations, employees, and ongoing customer activity. The investor’s ownership and management role supports the control requirement. Capital invested in franchise fees, leases, build-outs, equipment, and staff can demonstrate a substantial investment. Job creation and operational scale can support non-marginality when supported by a credible business plan.
Retail businesses
Examples include brick-and-mortar stores and retail businesses with physical storefronts.
Retail businesses qualify because they involve continuous commercial activity such as inventory management, supplier coordination, sales transactions, and employee supervision. These activities demonstrate active operations. Investment in inventory, commercial leases, fixtures, and payroll can support the substantial investment requirement. Staffing needs and revenue generation can support the non-marginal enterprise standard.
Food and beverage businesses
Examples include restaurants, cafés, bakeries, and specialty food production businesses.
Food and beverage businesses qualify because they operate from physical locations, rely on employees, and require ongoing management of inventory, food preparation, and customer service. Capital spent on leases, kitchen equipment, build-outs, licenses, and operating expenses can demonstrate funds placed at risk. Employee hiring and operational scale support the non-marginal enterprise requirement.
Import and export businesses
Import and export businesses qualify because they involve active trade operations such as sourcing products, managing logistics, handling sales, and coordinating distribution. These businesses provide goods and services on an ongoing basis and can support employees. Investment in inventory, warehousing, transportation, and operational infrastructure can demonstrate a substantial investment. Eligibility depends on business activity and structure, not on whether trade occurs with the investor’s home country.
Technology and e-commerce businesses
Examples include technology startups and e-commerce companies.
These businesses can qualify when they demonstrate real commercial activity beyond a passive or automated platform. Investment in software development, technology infrastructure, inventory, marketing, and payroll can support a substantial investment. The investor’s role in managing development, operations, and staff supports the requirement to develop and direct the enterprise. Hiring plans and revenue projections are important to support non-marginality.
Legal standards applied to all business types
Each business type above is evaluated using the same E-2 requirements set by the U.S. government:
- Real and active commercial enterprise
- Substantial investment at risk
- Investor development and direction of the business
- Non-marginal enterprise with job creation capacity
Disclaimer
This article is provided for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Eligibility for an E-2 Treaty Investor visa depends on the specific facts of each case, applicable law, and how U.S. government requirements are applied at the time of filing. Business examples discussed here are illustrative and do not guarantee visa eligibility or approval. Readers should consult a qualified U.S. immigration attorney for advice specific to their situation.
Sources:
- U.S. Department of State (DOS). https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html
- U.S. DOS. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- U.S. Department of State – Foreign Affairs Manual (9 FAM 41.51, E Visas). https://fam.state.gov/fam/09FAM/09FAM041051.html