If you’re exploring ways to qualify for an E-2 visa, you’ll find there are several possible paths. One of those is buying an existing U.S. business. This option can be attractive because the business is already operating, but not every purchase will meet the E-2 requirements. If you are considering this route, it’s important to know what immigration officers look for and how to structure your investment so it qualifies.
Before looking at how a business purchase fits into the E-2 framework, it’s important to understand the core requirements of the visa itself. To qualify, you must hold citizenship from a country that maintains an E-2 treaty with the United States. The business you invest in must be active and for-profit, not a passive or speculative venture. The investment must be substantial in relation to the total cost of the enterprise, and the funds must be placed at risk and committed to the business rather than sitting idle.
Your role is also important. The visa is not intended for silent investors. You must be entering the United States to direct and develop the business. Finally, the enterprise cannot be marginal. It should demonstrate the ability to generate more than minimal income for you and your family, and ideally contribute to the U.S. economy by employing workers or showing meaningful growth potential.
With those requirements in mind, one possible way to qualify is by purchasing a business that is already operating in the United States. This approach can be attractive because an established enterprise has existing operations that may be easier to document for immigration purposes. Financial records, tax filings, and an active customer base can all help show that the business is real, active, and capable of generating more than minimal income.
How to Buy an Existing Business for an E-2 Visa
1. Identify Businesses for Sale
Start by locating businesses with a track record of operations and clear financial records. The U.S. Small Business Administration (SBA) and platforms such as BizBuySell recommend targeting companies in stable industries like food service, franchises, retail, or logistics. A strong candidate should already have tax filings, revenue history, and an existing customer base.
2. Value the Business Accurately
Before moving forward, determine if the asking price reflects the business’s real worth. Standard valuation approaches include income-based (earnings or cash flow), asset-based, and market comparisons. Professional advisors, such as accountants or valuation specialists, can help ensure you are not overpaying. A reliable valuation will also make your immigration case stronger.
3. Submit a Letter of Intent
When you’ve identified a business, buyers typically prepare a Letter of Intent (LOI). This non-binding agreement outlines the proposed purchase price, whether the deal is an asset or stock sale, and the timeline for due diligence. An LOI signals commitment while reserving the right to walk away if the review uncovers problems.
4. Conduct Thorough Due Diligence
Due diligence is your safeguard. According to SBA and the Service Corps of Retired Executives (SCORE), this step should include at least three years of tax returns, financial statements, and cash flow reports. Review contracts, leases, licenses, and any pending lawsuits. Check employee records, supplier agreements, and customer concentration to ensure the business is stable and transferable. Immigration officers often review the same documents to confirm the business is real and capable of sustaining growth.
5. Secure Financing and Structure the Deal
Most investors fund the purchase with personal savings, SBA-backed loans, or seller financing. For E-2 purposes, the money must be “at risk.” Many buyers use escrow agreements, where funds are released to the seller only if the visa is approved. This shows genuine commitment while protecting against total loss if the application is denied.
6. Finalize the Transaction
Once financing and due diligence are complete, sign a definitive purchase agreement and transfer funds. Be sure to obtain legal proof of ownership, such as stock certificates or membership interests in a limited liability company. These documents are vital both for legal protection and for your visa application.
7. Transition into Active Control
After the purchase, you are expected to actively direct and develop the business. That includes updating business licenses, tax registrations, and payroll systems. You should also implement the business plan submitted with your visa application. Consular officers reviewing renewals often look for evidence of growth, revenue stability, and job creation, so early management decisions are critical for long-term success.
Buying an existing business can strengthen an E-2 application because it provides:
- Proof of active operations through financial and tax records.
- Immediate economic impact, such as revenue and employees already in place.
- Reduced risk in the officer’s view, compared to a startup that only exists on paper.
Sources
- U.S. Small Business Administration (SBA). https://www.sba.gov/business-guide/plan-your-business/buy-existing-business-or-franchise
- BizBuySell. https://www.bizbuysell.com/blog/2025-searchers-who-is-buying-businesses/
- SCORE (Service Corps of Retired Executives). https://www.score.org/resource/blog-post/ready-buy-a-business
- Investopedia. https://www.investopedia.com/articles/stocks/08/due-diligence.asp
- BizBuySell Learning Center. https://www.bizbuysell.com/learning-center/article/due-diligence-checklist-what-to-verify-before-buying-a-business/
- Architectural Digest. https://www.architecturaldigest.com/story/how-to-value-a-business-7-tips-to-get-the-best-possible-estimate