Many investors believe they only need to buy a franchise to qualify for an E2 visa. That is not true.
A franchise can support an E2 case when the structure, investment, and operation make sense. However, it is only one possible business model. In our work with investors, we have seen E2 cases built around marketing agencies, construction companies, logistics businesses, e-commerce, online businesses, consulting firms, cleaning companies, independent restaurants, professional services, technology companies, and other active ventures.
USCIS and consular officers want to see a real, active, sustainable business in the United States. They also want to understand how the investor committed capital, how the company operates, and why the business can support the E2 standard.
Opening an LLC does not create an E2 case. Incorporating a company does not create an E2 case. Moving money into a business bank account does not create an E2 case either.
In this article, we want to dive into how you can structure a strong E2 visa case. Let’s get started!
What is an E2 visa?
The E2 visa is a non-immigrant visa for nationals of treaty countries who invest a substantial amount of capital in a U.S. business and come to the United States to develop and direct that enterprise.
This means the E2 visa is designed for active investors. We want to make it clear that it does not fit passive ownership, where someone simply places money into a business and waits for returns.
A strong E2 case usually connects several elements: treaty nationality, ownership, investment, business activity, control, source of funds, and the investor’s role.
In our experience, we also find that the process can vary. Some investors apply for an E2 visa through a U.S. consulate abroad. Others, if already in the United States and eligible, may request E2 classification or a change of status through USCIS. The visa and the status are related, but they are not identical.
The strategy should match where the investor is, what the business looks like, and how the person plans to enter or remain in the United States.
What businesses can qualify for an E2 visa?
There is no official list of businesses that automatically qualify for an E2 visa. That is good news for investors who do not want to buy a franchise. A business can be evaluated if it is real, active, and capable of supporting the E2 requirements. Some examples of business models we successfully worked with are:
- marketing or advertising agencies;
- construction or remodeling companies;
- logistics and transportation businesses;
- e-commerce or online businesses;
- consulting firms;
- commercial cleaning companies;
- independent restaurants;
- professional service companies;
- technology or IT businesses.
The type of business is important, don’t get us wrong, but it does not decide the case alone.
For example, a construction company can look weak if it has no contracts, equipment, payroll, suppliers, or operational plan. A consulting firm can work if it shows clients pricing, service delivery, marketing, expenses, and a credible path to growth. An online business can be viable if it has more than a website and a presentation deck.
Remember, the business should make sense economically. If you want to explore the E2 visa path, get in touch with us here to review if your case is eligible for this visa.
E2 visa investment amount: why there is no magic number
One of the most common E2 visa mistakes we encounter in our practice is looking for a universal minimum investment amount.
There is no single number that works for every case.
A $100,000 investment may be strong for one business and weak for another. A larger number can still create problems if the funds are not properly committed, the business is not active, or the model does not look sustainable.
The key is whether the investment is substantial for this specific business. That depends on the cost of launching or buying the enterprise, the amount already spent, the nature of the business, the level of risk assumed by the investor, and whether the funds are being used to build real operations.
For an E2 case, money sitting in a bank account usually is not enough. The government wants to understand what the investor has actually done with the capital.
Capitalizing a company is not the same as investing
Many investors come to us thinking that transferring $100,000, $120,000, or $150,000 into a company account should be enough. It is not that simple.
USCIS and consular officers want to see that the funds are committed and at risk. In practical terms, that may include signed contracts, lease payments, purchased equipment, software, inventory, payroll, marketing expenses, professional fees, infrastructure, supplier agreements, or other business expenses tied to the operation.
As we always say to our clients, “A business cannot exist only in PowerPoint.”
It should exist in practice. Of course, that does not mean every company must be fully mature before the E2 application. But the case should show execution, not only intention.
As an investor, you should be able to explain what was purchased, why those expenses matter, how the business will operate, and how the investment supports growth in the U.S. market.
E2 visa business plan: what USCIS wants to see
We joked earlier about the case not only being a PowerPoint presentation. That being said, the E2 visa business plan should not be treated as a decorative document.
A useful business plan connects the investment to the operation. It explains what the company does, how it will generate revenue, what expenses are required, how the investor will direct the business, and why the enterprise is expected to grow. In our experiences, key areas your business needs to be clear about that officers may look at:
- a clear service or product;
- a realistic market strategy;
- operating expenses already underway;
- contracts, clients, or commercial activity;
- reasonable financial projections;
- hiring plans or staffing needs;
- a role for the investor that makes sense.
The business should not appear marginal. In E2 terms, a marginal enterprise does not show present or future capacity to generate more than minimal income for the investor and the investor’s family.
A strong case shows a business with economic substance. If you need to evaluate your case, schedule a consultation with us here.
Startup, franchise, or business for sale: which works better?
A startup can work. A franchise can work. A business for sale can work. The legal issue is not the label or type of business, is the whole picture of your case.
A franchise may offer structure, branding, training, and an existing model. But buying a franchise does not guarantee E2 approval. The investment still needs to be substantial, committed, at risk, and tied to a real operating business.
A startup may work if the investor can show real execution, credible planning, and enough investment to launch and operate the company.
Buying an existing business may help when there is a track record, revenue, employees, leases, equipment, or contracts. But the buyer still needs to prove treaty nationality, control, investment, source of funds, and intent to develop and direct the enterprise.
The strongest option is the one that best fits you and supports the full E2 standard.
Common E2 visa mistakes
We have a few common E2 visa mistakes we observe in our daily practices. If you want to apply for an E2 visa, you need to avoid these mistakes. Next will give you what we consider the most common mistakes you should avoid:
- The first mistake is relying on a magic investment number. The amount matters, but the structure matters too.
- The second mistake is opening an LLC and assuming the case is ready. A legal entity is usually only the beginning.
- The third mistake is leaving money parked in the company account without showing how it is being used.
- The fourth mistake is presenting a business that looks passive, improvised, or too early to operate.
- The fifth mistake is treating the business plan like a formality instead of using it to explain the economic logic of the case.
- The sixth mistake is waiting too long to review source of funds, ownership, treaty nationality, and control.
These issues should be reviewed before you, as an investor, sign major contracts, transfer funds, or file the application.
When to speak with an E2 visa lawyer
An E2 visa lawyer can help evaluate whether the business facts actually support the immigration strategy.
This is especially important when choosing between a startup, franchise, or business for sale; documenting the source and path of funds; structuring ownership; deciding how much to commit before filing; or preparing a business plan that must support the legal standard.
At Loigica, we do not review E2 cases only as paperwork. We look at the business, the investment, the investor’s role, and the story the evidence tells.
Whether you have money to invest, you need to determine whether your investment shows a real, active, sustainable business with operational substance in the United States.
We can assist you in creating a strong E2 visa case and start your life in the United States. Schedule a meeting with Loigica.
Camilo Espinosa Esq.
Managing Attorney and Co-Founder at Loigica
Disclaimer
This article provides general information about the E2 visa and investor visa strategy. It does not provide legal advice and does not create an attorney-client relationship. Immigration rules, consular procedures, USCIS policies, and adjudication practices may change. Each investment and business structure should be reviewed based on its specific facts.
Keep Learning About the E2 Visa
At Loigica, we believe that the E2 visa can be a strong option for treaty nationals who want to invest in and run a U.S. business. But it is not a generic entrepreneur visa. The case must show the right nationality, the right ownership, the right investment structure, and a real non-marginal enterprise that the investor will direct.
The better question is not only whether you have money to invest. The better question is whether your investment, your business, and your role actually fit the E2 legal standard.
To learn more about how this category works and whether it may fit your case, visit our E2 visa service page.
Want to Know if E2 Fits Your Business?
If you are investing in a U.S. company, the E2 visa may support your next move. Share your case with Loigica and our team will review whether your investment, ownership, and documentation align with this visa path.