The E-2 Investor Visa: It Is Not Only What You Invested, but What You Built

Treaty eligibility comes first

Before analyzing the business, the legal basis for eligibility must be established. The applicant must hold the nationality of a qualifying treaty country. The nationality of the U.S. enterprise is also examined through its ownership structure. Passports, ownership percentages, and corporate records are therefore part of the legal analysis.

What makes an investment substantial?

There is no universal dollar threshold for every business. The investment is considered in relation to the cost of establishing or purchasing the enterprise and its ability to support real operations. Funds that remain uncommitted or readily revocable generally do not carry the same weight. A clear evidence trail should show the source, movement, and use of funds.

• Capital exposed to commercial risk
• A direct connection between the investment and the enterprise
• Verifiable expenses, contracts, and purchases
• A documented source of funds

A real, operating, and non-marginal enterprise

The enterprise must be bona fide and active. It should also have the present or future capacity to generate more than a minimal living for the investor and family, or otherwise make a significant economic contribution. A business plan may help explain the commercial logic, but it must align with actual operations and evidence.

The consular assessment

The consular officer decides whether the applicant has established eligibility. A coherent case aligns ownership, investment, operations, projections, and the investor’s professional role. No formula guarantees approval, and every application is decided on its own facts.