How to Start a Business in the U.S. for an E-2 Visa Investment?

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On Florida’s Gulf Coast, a small hotel goes up for sale. For a foreign investor, the listing signals an opening into the American market. It is a chance to run a business that employs staff, serves travelers, and creates growth.

Turning that opportunity into reality requires permission to live and work in the United States. For citizens of treaty countries, the E-2 Treaty Investor Visa provides that path. It is designed for entrepreneurs who invest in a U.S. enterprise and take an active role in building it.

The visa is one part of the process. The other is setting up the business itself: choosing a legal structure, registering with state authorities, and putting the systems in place that allow the company to operate.

 

E-2 Treaty Investor Visa Requirements

The E-2 Treaty Investor Visa allows citizens of treaty countries to enter the United States for the purpose of developing and directing a business.

Treaty Country Citizenship

Only nationals of countries that maintain a treaty of commerce and navigation with the United States are eligible. The current list of treaty countries is maintained by the Department of State at travel.state.gov.

Substantial Investment

There is no fixed dollar amount that qualifies as “substantial.” U.S. Citizenship and Immigration Services (USCIS) and consular officers assess whether the capital is large enough to ensure the business’s success. The investment must be sufficient to establish or purchase the type of enterprise proposed. Funds must be irrevocably committed and at risk of loss if the business does not succeed.

Real and Operating Enterprise

The business must be active and produce goods or services for profit. Passive investments, such as undeveloped land or shares in publicly traded companies, do not qualify.

Ownership and Control

The investor must own at least 50 percent of the business or possess operational control through a managerial role or other arrangement. This ensures the applicant is responsible for developing and directing the enterprise.

Not Marginal

The enterprise must have the present or future capacity to generate enough income to support the investor and their family, or it must make a significant economic contribution in the United States. USCIS considers a five-year window for projected profitability.

Lawful Source of Funds

The capital used for investment must be obtained legally. Applicants must provide evidence, such as bank statements, tax returns, or contracts that show the path of funds.

Period of Stay

The E-2 visa is generally issued for up to two years at a time. Extensions are possible in increments of up to two years, with no maximum number of renewals, as long as the enterprise continues to meet requirements.

Family Members

Spouses and unmarried children under 21 may accompany the investor. Spouses may apply for work authorization once in the United States. Children may attend school but are not permitted to work.

 

How to Start a Business in the United States

Once you understand the E-2 visa requirements, the next step is building a business that meets both immigration rules and U.S. regulations. The Small Business Administration (SBA) and the Internal Revenue Service (IRS) provide detailed guidance on how to begin.

The process starts with research and planning. The SBA highlights the importance of studying your market, understanding your customers, and reviewing competitors before you invest. From there, a written business plan helps organize your goals, strategy, and financial projections. A strong plan shows lenders, partners, and immigration officials that your enterprise is carefully designed and positioned for growth.

Selecting a business structure comes next. The choice will affect taxes, liability, and registration. Many investors favor a limited liability company because it protects personal assets and offers flexibility, while others choose a corporation if they anticipate raising outside capital. Sole proprietorships and partnerships remain options but offer fewer protections.

Once the structure is decided, registration with the state is required. This step makes the company a recognized legal entity that can enter into contracts and hire employees. At the federal level, the IRS issues an Employer Identification Number, or EIN, which is used for tax reporting and is usually needed to open a business bank account.

Licenses and permits depend on the type of business and its location. Restaurants need health permits, while logistics companies may need federal approvals. The SBA publishes resources that list requirements by state and industry, helping owners identify what applies to them.

Opening a dedicated business bank account is another key step. It separates personal and company funds, simplifies accounting, and strengthens the case that the business is real and properly managed.

Finally, accurate recordkeeping ensures compliance. The IRS advises that businesses keep receipts, invoices, bank statements, and contracts organized from the beginning. Proper records are essential for taxes and also demonstrate credibility during visa renewals.

 

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Any information contained in this website is provided for general guidance only, not intended to be a source of legal advice. As such, any unlawful use is strictly prohibited. Prior success does not guarantee same result.

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