E-2 visa applicants often ask how much time they need to spend in their business to qualify as active investors. Many expect a clear answer in hours or daily involvement, since active investment sounds like it means constant hands-on work. But U.S. immigration law does not define E-2 eligibility this way.
The confusion often comes from how involvement is measured. The government does not judge commitment by hours at the office or daily activity. Instead, it checks if the investor truly controls and directs the business.
No hourly requirement exists
U.S. immigration rules do not set a minimum number of hours per day or week for E-2 investors. You do not have to be present every day or handle routine tasks yourself. The law simply asks if you are directing and controlling the business.
The U.S. Department of State explains that an E-2 applicant must be coming to the United States to “develop and direct the operations of an enterprise” in which they have invested a substantial amount of capital.
Federal regulations take the same approach. Under 8 CFR 214.2(e), the investor must demonstrate the ability to develop and direct the investment enterprise. The regulation does not describe this ability in terms of hours worked. It focuses on authority, responsibility, and control.
Why time is not the measure of “active” ownership
It is common for applicants to think that being active means working long hours or handling every daily task. An investor can spend less time on daily operations and still qualify if they keep control over major decisions. On the other hand, someone who works every day may not qualify if they do not have real authority over the business.
What operational control actually means
Operational control means having real decision-making power in the business. This often includes setting policies, approving budgets, directing spending, supervising managers or employees, and deciding the company’s overall strategy. Even if others handle daily tasks, the investor is still responsible for how the business runs.
U.S. Citizenship and Immigration Services confirms this standard by stating that an E-2 investor must develop and direct the enterprise through control of the business. This reinforces the point that leadership and oversight, not physical presence, are what matter.
Clarifying what active involvement means
The E-2 rules do not require investors to handle daily tasks or be present every day. However, investors cannot be mostly hands-off. Immigration authorities look for ongoing, active involvement in directing the business, even if some tasks are delegated.
In practice, this means the investor is responsible for the business by:
- Regular oversight of operations
- Ongoing management decisions
- Continuous responsibility for business outcomes
- Active supervision of managers or key personnel
This kind of involvement shows the investor is developing and directing the business, not just holding a passive ownership stake.
Delegation is permitted, passivity is not
Most real businesses rely on delegation, and the E-2 rules recognize this. Investors can hire managers and staff to handle daily operations without breaking E-2 requirements.
What is not allowed is stepping away completely. The Department of State makes it clear that E-2 status is not for passive investments. If the investor does not play a real role in directing the business, the investment does not qualify.
Where the confusion comes from
Much of the confusion about E-2 involvement comes from searching for rules that are not there. The law does not give a checklist of daily tasks or required working hours. Instead, it uses a standard based on control.
Key takeaway for E-2 applicants
There is no minimum hour rule for E-2 investors. You do not have to be present every day. What matters is real operational control, ongoing decision-making, and an active role in running the business. Passive ownership does not meet E-2 requirements.
Sources:
- U.S. Department of State – Foreign Affairs Manual (FAM). https://fam.state.gov/FAM/09FAM/09FAM040209.html
- Electronic Code of Federal Regulations (eCFR). https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/section-214.2
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- U.S. Department of State. https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html