How to Qualify for an E2 Visa: Requirements, Investment Tips & Legal Guidance

E2 Visa Requirements

The E2 visa offers foreign entrepreneurs a valuable opportunity to live and work in the United States while operating a business. Designed for citizens of treaty countries, this non-immigrant visa provides a path to establish, develop, or acquire a U.S. business through a qualifying investment. But securing the visa requires careful attention to eligibility rules, document preparation, and legal strategy.

In this comprehensive guide, we’ll explain the core E2 visa requirements, common misconceptions, investment thresholds, and why working with an experienced E2 visa lawyer can significantly improve your chances of success.

What Is the E2 Visa?

The E2 visa USA—also known as the Treaty Investor Visa—is a non-immigrant visa that allows nationals of eligible countries to enter the U.S. for the purpose of owning and directing a business. Unlike some work visas that require employer sponsorship, the E2 visa is self-sponsored through a qualifying investment in a real and active commercial enterprise.

To be eligible, applicants must:

• Be a national of a treaty country
• Invest a substantial amount of capital in a U.S. business
• Enter the U.S. solely to develop and direct the enterprise

For a deep dive into visa timelines, family options, and renewal strategies, see our full E2 investor visa guide.

E2 Visa Requirements: Key Criteria Explained

To qualify for the E2 visa, the following eligibility requirements must be met:

1. Treaty Country Nationality

You must be a national of a country that maintains a commerce and navigation treaty with the United States. Examples include Turkey, Canada, UK, Japan, Germany, and many others. 

2. Substantial Investment

There is no fixed minimum investment amount, but the capital must be considered “substantial” in proportion to the type of business. While investments often range from $100,000 to $200,000, even lower amounts may qualify depending on the enterprise.

3. Active Business

Passive investments like owning stock or real estate don’t qualify. The business must be:

• Real and active
• Producing goods or services
• Structured to generate income and job creation

4. Control and Ownership

The investor must own at least 50% of the business or maintain operational control through a managerial position. E2 visa allows employing key employees from the same nationality. If the business qualifies for an E-2 visa, the company can bring in managers and specialized skills employees with an E-2 visa. 

5. At-Risk Funds

Investment funds must be irrevocably committed and subject to partial or total loss. Funds still sitting in a personal account generally don’t meet this requirement.

6. Non-Marginal Enterprise

The business must have the capacity to generate more than minimal living income for the investor and their family.

For a complete checklist, see our E2 visa requirements section.

How Much Should You Invest for an E2 Visa?

The E2 investor visa does not impose a strict minimum investment amount. Instead, it uses a proportionality test to evaluate whether the capital is substantial in relation to the cost of the business:

• For a low-cost business, even $50,000–$100,000 might be sufficient.
• For a franchise or retail operation, $150,000–$250,000 may be appropriate.

USCIS will evaluate:

• Source of funds
• Level of risk to the investor
• Evidence that the funds have been committed

It is strongly advised to have a professionally prepared business plan, which a skilled E2 visa lawyer can help structure.

Choosing the Right Business Type for E2

While nearly any legal business can qualify, these are commonly approved E2 business types:

• Restaurants or food service
• Franchises (Subway, Dunkin’, UPS Store)
• E-commerce businesses
• Tech startups
• Retail stores
• Consulting or service businesses (legal, medical, marketing)

The business should be operational or very close to opening at the time of application. Leases, licenses, employee onboarding, and supplier contracts are all supporting evidence.

Documentation Needed for a Successful E2 Visa Application

Supporting documents are critical to your success. Key items include:

• Proof of nationality (passport)
• Detailed business plan (5-year projection, P&L, staffing)
• Lease agreements or franchise contracts
• Proof of investment transfer and at-risk status
• Ownership documents (LLC, shares)
• Financial projections

An E2 visa attorney will help organize and format your petition to meet USCIS and consular expectations.

E2 Visa Processing Time & Validity

Typical E2 visa processing time:

• USCIS (Change of Status): 2–5 months (can expedite)
• Consulate Processing: Varies by country, often 2–8 weeks after interview

E2 visas are typically issued for:

• 2–5 years, depending on the treaty country
• Renewable indefinitely as long as the business remains operational and profitable

Dependents (spouse and children under 21) can accompany you. Spouses are eligible to work in the U.S.

Learn more about E2 visa renewal steps and timelines.

Why You Need an E2 Visa Lawyer

E2 cases are often denied due to:

• Insufficient investment evidence
• Marginal business concerns
• Poor documentation
• Incomplete or vague business plans

Working with a knowledgeable E2 visa lawyer ensures:

• Strategic case building
• Tailored documentation
• RFE mitigation
• Full legal compliance

Real Success Story: Turkish Entrepreneur Approved for E2 in 3 Months

One of our clients, a Turkish entrepreneur, invested $125,000 in a U.S.-based logistics startup. Kulen Law Firm assisted in structuring the company, drafting the business plan, and preparing the application. The petition was approved within 3 months without any RFE.

This case illustrates how well-prepared documentation and professional support can streamline the E2 process and increase the chance of approval.

Final Thoughts: Take the First Step with Kulen Law

The E2 visa USA offers unmatched flexibility and opportunity for international investors. Whether you’re launching a new venture or acquiring a franchise, ensuring that your application is professionally prepared is essential.

• ‍Explore the complete E2 investor visa guide
• Get support from a top-rated E2 visa lawyer to start your journey‍
• Learn more about the path from E2 visa to green card and long-term strategies

We’ve helped hundreds of entrepreneurs achieve their U.S. business dreams. Schedule a consultation with Kulen Law Firm today.

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