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The E-2 visa was created to attract foreign investors who contribute to the American economy. To qualify, investors must show that their business will generate economic benefits, either by creating jobs for U.S. workers or through other significant economic contributions.
An E-2 visa also extends to the treaty investor’s spouse and unmarried children under 21. The visa can last anywhere from three months to five years, and there is no limit on renewals as long as requirements continue to be met. For foreign nationals looking to start a business in the United States, understanding the E-2 visa requirements is critical.
E-2 investor visa requirements include being a national of a treaty country, coming to the United States to direct and develop the business, demonstrating that the business is not marginal, and showing proof of a substantial investment. The marginal enterprise standard requires that the business generate enough income to support the investor and their family, or have the present or future capacity to make a meaningful economic contribution.
The most misunderstood requirement is the substantial investment rule. Many investors ask how much money is needed to qualify for an E-2 visa. The reality is that there is no set minimum amount. Substantial investment is a concept, not a fixed number. Immigration officers use the proportionality test to evaluate whether the investment is substantial. This test compares the investment amount with the total cost of starting or purchasing the business. In other words, the same investment could be substantial in one business scenario but inadequate in another.
For example, imagine opening a coffee shop. You would need to lease or buy a location, purchase equipment like espresso machines, pay for furniture, inventory, insurance, and hire employees. Even a modest coffee shop could require $120,000 or more in startup costs. In this case, investing $20,000 would not be considered substantial because it would not be enough to launch a viable operation. On the other hand, starting an online retail business may require far less capital. Initial costs might include building a website, branding, software, marketing campaigns, and inventory. In this scenario, an investment of $40,000 to $60,000 could be substantial if it covers everything needed to start and operate the business.
A common misconception is that funds simply need to be deposited in a U.S. bank account to qualify for an E-2 visa. This is not true. The money must be irrevocably committed to the business. That means funds must be spent on leases, equipment, services, or other business expenses that put the money at risk. If the funds remain idle in a bank account, the investment will not be considered substantial.
At Visa Business Plans, we understand how critical the investment section of the business plan is to an E-2 petition. Immigration officers rely heavily on this section to evaluate whether the investment meets visa standards. Our team has prepared thousands of E-2 business plans and has successfully helped clients obtain approvals with investments both above and below the often-assumed $100,000 threshold. What matters is not the exact dollar amount, but how the funds are allocated and how the business plan demonstrates the credibility and viability of the enterprise.
We carefully track every dollar invested, prepare detailed investment tables, and create immigration-focused business plans that clearly demonstrate compliance with E-2 requirements. Attorneys and clients value our ability to identify potential weaknesses in a case and strengthen them before submission.
If you are considering an E-2 visa, contact Visa Business Plans today for your business plan needs. In tandem with your immigration attorney, we will help you structure your investment, prepare a strong and credible business plan, and give your petition the best chance of success.
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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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