E2 Visa: How much do I need to invest?

OC Restaurant Realty
Aug 22
4 min read

The E-2 visa allows individuals or companies of certain nationalities to invest in a US enterprise and qualify for an E-2 visa. Since the requirements are broad, the E-2 tends to be overlooked and underutilized.

In this article, we’ll dispel the mystery behind the E-2 so you can take advantage of this unique opportunity to live and work in the US or hire certain foreign workers.

E2 Visa requirements & overview

Individuals can qualify for an E2 visa if they satisfy the following requirements:

They must be national of an E-2 treaty country
The US business must be at least 50% owned by individuals from the same E2 treaty country. If the US investment is made by a company, the company must be owned 50% or more by treaty nationals
They or their company must invest (or be actively involved in investing) a substantial amount of capital in a US business. What is substantial depends on the capital required to launch the particular business, and we will explore this topic more below
The first E2 visa issued for a US company must be for someone with an owner, executive, manager, or essential worker role. After the first E2, additional workers can qualify if they are from the same country. Also, keep in mind that the first E2 application must include registration at a US embassy

In general, an individual or corporate investor should be prepared to provide the following documentation in the E2 visa application:

Evidence that they have relevant experience related to their proposed role at the E2 business
Evidence that their investment is legal. Often this includes documentation of every account and entity through which the funds passed
Evidence that the US company will use the investment funds to grow the business. This can include proof of the business’s operations in the US, such as client contracts, job postings, employment records, or lease agreements for a US office
A comprehensive business plan for the US company
Additional evidence as determined by their immigration lawyer

E-2 investment amount: What is a substantial investment?

There is no minimum investment amount for the E2 visa, but that does not mean a small investment will lead to an E-2 approval. Some -2 applicants have been successful with an investment as low as $80-100k USD, but many E2 investments are higher. The US Citizenship and Immigration Services (USCIS) states that an E2 investment must be:

Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered substantial
E2 investments cannot be marginal. The investment must generate more income than what is necessary to support an individual E2 investor. In other words, the investment must be substantial based on the type of business. For instance, an investment in a small consulting firm would likely be less than an investment in a medical research center because of the differences in operating costs

Other costs for the E-2 visa

In addition to your investment, there are some other costs you may incur throughout the E2 application process, including:

DS-160 fee: $160. This fee must be paid before you attend your visa interview at a US embassy or consulate abroad
Consular filing fees: Varies. These fees apply to individuals who file an E2 visa from outside the US. Each consulate charges a different fee for an E2 visa. For example, someone filing an E-2 from Australia pays $3,574.00 while someone from Germany pays $0.00
USCIS filing fees: $460 for visas filed from inside the US. An additional $2500 for visas filed inside the US with premium processing. However, most immigration attorneys advise against filing an E2 through USCIS. Individuals who apply at a consulate or embassy—rather than through USCIS—tend to obtain lengthier validity dates. In addition, they avoid needing to apply twice since even those who apply through USCIS still have to go to an embassy or consulate later
Attorney fees: Varies. As you consult various immigration service providers, consider the cost and what is included.
Travel costs: Varies. You will need to travel to a US consulate or embassy to get your visa stamp and then travel to the US. Consider the cost of travel

Can my E-2 investment cover immigration costs?

In many situations, part of your investment can be used to pay for your E2 visa. For example, if you invested $200k in your startup before applying for the E2, your company could use some of your investment to cover your visa costs. Before you attempt to use your investment for immigration costs, consult with your immigration attorney.

Benefits of the E-2 visa

The E-2 is one of the most flexible and advantageous US work visas. Some of the benefits of the E2 include:

Live and work in the US for two to five years initially, and extend your status indefinitely
Allow your spouse to live and work in the US—work authorization for spouses is not included with all work visas, so this may be a considerable advantage if you have a spouse who wants to work in the US
Bring any children under 21 with you to live and attend school in the US
Work for any US business you want to invest in, as long as you and the business meet E2 qualifications
Avoid strict requirements associated with other visas, such as minimum wage requirements and degree requirements