E-2 Treaty Investor Guide
The E-2 visa lets nationals of treaty countries invest in and run a US business. There's no statutory minimum investment — but it must be "substantial" relative to the business cost. Check if your country qualifies and see investment guidelines by business type.
E-2 Core Requirements
Real and Operating BusinessNo marginal enterprises — the business must generate more than enough to support you and your family, not merely provide a living.
Substantial InvestmentNo fixed minimum, but typically $100K–$200K+ for service businesses, $250K–$500K+ for restaurants/retail. Courts use a "proportionality test": investment / total cost.
At RiskFunds must be committed and irrevocably invested (or in escrow conditioned only on visa approval). Cannot be a loan from the business itself.
Investor ControlYou must own at least 50% of the enterprise or have operational control through a managerial position.
Intent to DepartE-2 is a nonimmigrant visa — you must intend to depart when status ends. There is no direct path to a green card from E-2 alone.
Typical Investment Ranges by Business Type
Franchise (Fast Food / Retail)
$150,000–$500,000+
Franchise fees, equipment, and build-out. Strong E-2 cases because business model is proven and costs are documentable.
Restaurant / Food Service
$200,000–$600,000
Equipment, build-out, liquor license, initial inventory. Must show the business will generate profits beyond personal living expenses.
Tech Startup / Consulting
$100,000–$300,000
Lower cost businesses require a higher proportionality ratio. Pure consulting with minimal overhead needs stronger business plans.
Retail / E-Commerce
$100,000–$400,000
Inventory, storefront or warehouse, and working capital all count. E-commerce businesses are increasingly accepted.