The E-2 treaty investor visa is a powerful and flexible tool for foreign entrepreneurs who wish to launch, purchase, and operate a business in the United States. Unlike many other visa categories, it does not require a specific educational background or a petition from a U.S. employer. However, a successful application hinges on meeting a specific set of rigorous criteria. Understanding these core E-2 visa requirements is the first step toward achieving your entrepreneurial goals in the U.S.
Core E-2 Visa Requirements for Investors
To qualify for an E-2 visa, you must demonstrate that you and your business meet several key standards, from nationality and ownership to the nature and scale of your investment.
Nationality and E-2 Ownership Rules
First, you must hold a valid passport from one of the 80+ countries that maintain a treaty of commerce and navigation with the United States. Your country of birth or current residence is generally not a factor; your nationality is what matters. For those who are not citizens of a treaty country, it is possible to acquire nationality through investment in certain countries, which can then open the door to E-2 eligibility.
In addition to having the correct passport, you must own at least 50% of the U.S. business. This controlling stake is crucial as it ensures you have the legal power to “develop and direct” the enterprise, a central tenet of the E-2 visa.
The Investment Must Be in an Active Enterprise
The E-2 visa is strictly for active, for-profit businesses. It is not a vehicle for passive investments. You cannot simply buy stocks, bonds, or undeveloped land and qualify. The business must be a real, operating commercial enterprise that provides goods or services to customers. This means you must be actively involved in the day-to-day management and strategic decision-making of the company.
Financial E-2 Visa Requirements
Beyond the investor and business structure, the nature of your financial commitment is closely scrutinized by consular officers.
Making a Substantial Investment
Your investment must be “substantial.” The law does not set a specific minimum dollar amount because the concept is proportional. A substantial investment for a service-based consulting firm might be much lower than what is required for a manufacturing plant with heavy equipment. The capital must be sufficient to establish a viable and successful business. For most enterprises, this means an investment well over $50,000, and in many cases, over $100,000, depending on the industry.
Meeting the Marginality Requirement
Finally, the business cannot be “marginal.” This means it must have the present or future capacity to generate significantly more income than just enough to provide a minimal living for you and your family. The most common and effective way to prove a business is not marginal is by demonstrating its capacity to create jobs for U.S. workers. While there is no strict rule, a business plan that projects the hiring of at least two to three full-time employees over the first five years is a strong indicator that the enterprise will make a positive impact on the U.S. economy and is therefore not marginal.
Navigating Your E-2 Visa Application
Meeting these E-2 visa requirements demands careful planning and thorough documentation. Each element of your application, from your business plan to your source of funds, must work together to present a compelling and credible case for your eligibility.
If you have questions about the E-2 visa or need help with your application, be sure to explore our free E-2 visa resources (guide, webinars) and schedule a consultation. Our team is dedicated to helping you navigate the complexities of immigration law and achieve your goals.
