In today’s global workplace, remote and hybrid teams are common—even expected in some industries. But if you’re applying for an E-2 visa, don’t assume that flexibility means freedom to operate passively.
Many foreign investors ask: Can I live in the U.S. while my team works remotely abroad? or Can I run my U.S. business from overseas?
The truth is: the E-2 visa is not designed for passive investors. If you’re not actively involved in your U.S. enterprise, your visa will likely be denied.
The E-2 Visa Requires Active, Ongoing Involvement.
By definition, an E-2 investor must “develop and direct” the business. That means playing an active, hands-on role in the company’s operations and strategy—not simply investing capital and stepping away.
This doesn’t mean you must sit in a storefront or office every day, but it does mean you must be demonstrably involved in overseeing day-to-day decisions, managing staff, and driving growth. A business that runs entirely on autopilot or can function without your input will not meet E-2 criteria.
Can You Have Remote Staff? Yes. But You Can’t Be Remote From Your Business.
Businesses with remote teams—such as digital agencies, software developers, and online retailers—may qualify for E-2 status. The issue isn’t the structure of the team; it’s your role in the enterprise.
You must prove that your physical presence in the U.S. is essential to the operation. If your plan implies that the business can run without your presence in the U.S., immigration officials may conclude you don’t need the E-2 visa.
The Attorney Sets the Strategy. The Business Plan Must Support It.
Only your immigration attorney can determine whether your proposed setup satisfies E-2 requirements. They will assess whether your role and presence align with the law and how to present your case effectively.
Once that strategy is clear, your business plan must support it without contradiction. That means:
Clearly describing your duties and daily involvement
Explaining how you manage and supervise staff, even if they are remote
Demonstrating your control over decision-making and business direction
Avoiding any suggestion that your involvement is minimal or symbolic
If your business plan doesn’t fully support the attorney’s argument, you’re creating risk.
We’ve Seen What Works—and What Doesn’t
We’ve supported E-2 applicants launching businesses with partially remote or hybrid teams, but always with a clear and credible explanation of how the investor was actively directing the business. These cases succeed because the attorney’s legal reasoning and the business plan’s content are in sync.
We’ve also seen denials when applicants structured their business in a way that signaled they were not involved in its daily operations. The government flagged those plans as passive, and rightly so.
Remote Doesn’t Mean Removed
Having remote staff doesn’t disqualify your E-2 case. But appearing uninvolved will. The E-2 visa is for investors who are present, committed, and engaged in the growth of their U.S. business.
Your attorney will determine whether your proposed structure meets the requirements. Once that decision is made, your business plan must do the heavy lifting of justifying your presence and proving your role is central—not optional.
If your plan doesn’t do that clearly, you may be sending the wrong message to the officer reviewing your case.
Contact us today to get started
The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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