You may already have a successful business abroad or a solid plan to start one in the United States. The E-2 Investor Visa can make that goal possible, but it comes with precise eligibility rules. Before applying, take this self-check to see whether you meet the essential requirements set by U.S. law.
Are You a Citizen of a Treaty Country?
Only nationals of countries that have a treaty of commerce and navigation with the U.S. can qualify for an E-2 visa. Your eligibility depends on your citizenship, not where your company is registered. If your passport is from a treaty country, you meet the first condition.
Is Your Investment Real and Substantial?
There is no fixed minimum amount required. The investment must be substantial in relation to the total cost of purchasing or establishing the business. It must also be sufficient to make the enterprise operational and successful. Funds must be at risk, meaning they are committed to the business and could be lost if it fails. Uncommitted funds in a bank account do not count.
Is the Business Real and Active?
The E-2 visa applies only to active, operating enterprises that produce goods or services for profit. Passive investments, such as owning property or holding stock, are not eligible. Your business should already be operational or ready to launch when you apply.
Will You Direct and Develop the Enterprise?
The investor must have control over the business, either through ownership or by holding a key managerial role. Ask yourself: Will you make major business decisions, hire staff, or oversee daily operations? Passive investors do not qualify.
Can the Business Support More Than Just You?
The E-2 enterprise must have the present or future capacity to generate more than a minimal living income for you and your family. This is known as the marginality test. A business that can create jobs for U.S. workers or contribute to the local economy meets this requirement.
Are You Ready to Prove It?
Every claim must be backed by evidence. Gather documents such as bank transfers, purchase agreements, leases, tax filings, and a detailed business plan showing how the enterprise will operate and grow.
Final Check
If you answered “yes” to each question, you may be ready to apply. If not, focus on strengthening weak areas before filing. The E-2 visa rewards preparation, documentation, and real financial commitment.
Sources
- USCIS – E-2 Treaty Investors
https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors - U.S. Department of State – 9 FAM 402.9 (Treaty Trader and Treaty Investor Visas)
https://fam.state.gov/FAM/09FAM/09FAM040209.html