The E-2 visa offers incredible opportunities, but misconceptions about what qualifies can jeopardize even the strongest business concepts. Let’s break down five more myths that could derail your petition—and explain what adjudication officers really expect.
1. “My business is small, so I won’t need many (or any) employees.”
This is logical thinking from a pure business perspective, especially for solo entrepreneurs or lean startups. But immigration authorities think differently. They expect E-2 businesses to create jobs for U.S. workers. An operation that plans to stay small or rely exclusively on contractors (1099 workers) can raise red flags. Even if minimal staffing makes sense for profitability, USCIS officers may question whether the business is marginal or lacks long-term viability.
2. “I can run the business entirely from abroad.”
Remote operations are common in today’s business world. But for E-2 purposes, this strategy backfires. Officers will scrutinize why you even need to be in the U.S. if the business can operate without your physical presence. To qualify for an E-2 visa, you must demonstrate that your active, day-to-day involvement is essential to the business’s success. Passive ownership won’t meet the criteria.
3. “A low investment is enough since my startup costs are minimal.”
From a business standpoint, keeping startup costs low is smart. But immigration officers focus on your financial commitment, not just the practicality of your budget. The more you invest, the more serious you appear. Low-cost startups may fail to convince officers that the investor has taken sufficient financial risk to justify E-2 approval—even if the business model itself is sound.
4. “I’ll invest more later; for now, future funding should satisfy requirements.”
Promises don’t carry much weight with adjudication officers. They want to see actual funds spent before the petition is filed. Planning to invest more in the future, even with documented financial capability, will rarely satisfy the requirement for an active and at-risk investment. Immigration authorities evaluate what’s already been committed, not what might happen down the road.
5. “Showing money in the bank should count as part of my investment.”
In traditional business settings, having capital reserves signals solvency and strength. But in the E-2 world, uncommitted funds in the bank typically don’t count toward your investment total. What matters is money already spent on qualifying business expenses or irrevocably committed to the business. Immigration officers want tangible evidence that the capital is truly at risk and actively working to support the enterprise.
The Bottom Line
Approaching your E-2 petition with only a business mindset—without fully understanding immigration expectations—is a common and costly mistake. What works in the entrepreneurial world doesn’t always align with what satisfies USCIS or consular officers.
We specialize in crafting thorough, realistic E-2 business plans that not only make business sense but also align with what adjudicators expect to see. Our firm also offers bookkeeping, marketing, business coaching, and visa monitoring services to help ensure that your E-2 business stays compliant and on track long after your visa is approved.
We bring 15+ years of experience analyzing trends and understanding how immigration authorities think and make decisions. Based on this deep expertise, we have developed a proprietary system that we apply to every immigration business plan we create. This extra layer of review ensures our business plans are rock solid and strategically aligned to maximize the chances of visa approval.
Contact us to learn how we can support your E-2 strategy from start to finish and even after visa approval.
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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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