E-2 starts with a real business, not a magic number.
Understand treaty nationality, substantial investment, control, operating readiness, marginality, family, and visa-versus-status boundaries.
The Plain-English E-2 Test
- Treaty nationality.
- A substantial investment in relation to the specific business.
- Capital genuinely committed and at risk.
- A real, active, operating U.S. enterprise.
- The ability to develop and direct the business.
- A business that is not marginal.
- Intent to depart when E-2 status ends.
No Universal $100,000 Rule
A lawyer may use $100,000 as an experience-based planning figure, but official E-2 rules do not make it the universal legal minimum for every business.
Startup, Purchase, Or Employee
Start a business
Buy a business
Qualifying employee
Status Is Not A Travel Visa
USCIS may grant qualifying E-2 classification inside the United States. That approval does not place an E-2 visa in a passport.
A consulate decides the visa application and Customs and Border Protection decides admission and the authorized stay shown on the I-94.
Questions To Bring To Counsel
- Which business model is credible for these facts?
- What investment and spending pattern is substantial for that business?
- Which source and path-of-funds records are needed?
- What may be done before approval?
- Should the case use consular processing or another route?
- What corporate and cross-border tax advice is needed before money moves?
Build The Readiness File
Use the business-readiness checklist to prepare questions. Do not upload private documents to this website.
Official Sources And Review Status
USCIS
Department of State
Congress and SEC
Sources checked August 2026. Recheck forms, fees, policy, Visa Bulletin availability, and processing information before relying on any page.