E-2 visa minimum investment - what you need to know

"How much do I need to invest for an E-2 visa?" is a common question entrepreneurs, founders and investors ask when exploring this treaty investor visa. The answer isn't a simple number because the E-2 has no fixed minimum investment amount, something that the EB-5 program does have.

When applying for an E-2 visa, consular officers will evaluate if your investment is "substantial" relative to your specific business.

In practice, investments of $100,000 or more are generally viewed favorably for most business types, though some enterprises require more and others may qualify with less. This guide explains how the E-2 visa investment requirements work for entrepreneurs and what you need to demonstrate to satisfy them.

For information on what the E-2 visa is and who qualifies, see our E-2 visa overview guide with a revised list of the treaty countries. You can also review the USCIS E-2 Treaty Investors page for official requirements.

E-2 visa minimum investment: why there's no fixed amount?

Like mentioned earlier, the E-2 visa doesn't have a statutory minimum investment. Instead, the regulations require that your investment be "substantial" in relation to the total cost of establishing or purchasing the business.

The proportionality test

For evaluating your investment, consular officers apply a proportionality test. With this, they basically try to answer if your investment is large enough to ensure the business can operate successfully. For example, a consulting firm with low overhead might qualify with $80,000, while a restaurant with equipment, inventory, and buildout costs might need $200,000 or more.

This test proves that there's no universal answer to how much you need to invest, and that the amount depends entirely on what's reasonable and necessary for your specific type of business.

General investment guidelines

Although there is no official minimum, practical experience shows that investments below $100,000 face more scrutiny and have lower approval rates. Most successful E-2 applications involve investments of $100,000 or more, with the specific amount varying by business type and complexity.

The investment should represent a meaningful financial commitment that demonstrates you're serious about building a successful enterprise, not just using a small amount to obtain a visa.

What counts as a substantial investment for E-2 visa applications?

Consular officers examine if your investment meets several qualitative requirements:

The "at risk" requirement

Your capital must be irrevocably committed to the enterprise, meaning the money is genuinely at risk if the business fails. Funds sitting in your personal or business bank account don't count as invested capital, even if you intend to use them for the business later. Just having money on your business bank account doesn't work.

Acceptable forms of committed investment include:

• Equipment and inventory purchases
• Lease deposits and rent payments
• Renovation and buildout costs
• Initial payroll and operating expenses
• Franchise fees

Escrow arrangements

If you haven't fully deployed your capital yet, placing funds in escrow can satisfy the "at risk" requirement. The escrow agreement must specify that funds will be released to the business upon visa approval. This approach is common for franchise purchases or business acquisitions where full payment depends on completing the immigration process.

What doesn't count

There are certain types of funds that don't qualify as part of your substantial investment, such as:

• Money in personal accounts not yet transferred to the business
• Funds secured by the business's own assets (rather than your personal assets)
• Speculative investments without operational commitment
• Loans where the business itself serves as collateral

Learn about E-2 eligibility

E-2 visa investment requirements by business type

The investment amount required varies significantly depending on your industry and business model. The table below provides general ranges based on typical cases. However, keep in mind that individual situations may differ, if you'd like to review your case in depth, contact our legal team.

Lower investment cases

Businesses with low startup costs can sometimes qualify with investments under $100,000, but these cases require particularly strong documentation. You'll need to demonstrate that your investment truly represents a substantial portion of what’s needed to establish and operate that type of business successfully.

Important to note that the E-2 analysis is not based solely on the investment amount. Active operations, employees, signed contracts, and revenue generation can help demonstrate that the business is real and viable. Even a lower investment may qualify if it allows the enterprise to begin operating properly and sustain itself.

Higher investment cases

For capital-intensive businesses, investing more than the minimum necessary strengthens your application. A restaurant investor who puts in $300,000 when $200,000 might suffice demonstrates serious commitment and reduces concerns about undercapitalization.

Source of funds documentation

Keep in consideration that every dollar you invest must be traceable to a lawful source. Consular officers carefully review source of funds documentation to ensure your investment isn't connected to illegal activity or money laundering.

Acceptable sources

Common legitimate sources of investment capital include:

• Employment income: Documented through tax returns, pay stubs, and bank statements showing accumulation over time
• Business profits: Financial statements and tax returns from businesses you own
• Property sales: Sale contracts, proof of ownership, and wire transfer records
• Inheritance: Will, probate documents, and transfer records
• Gifts: Gift letter plus evidence the donor had the means to make the gift

Building a clear paper trail

The documentation should trace your funds from their original source through any intermediate accounts until they reach your U.S. business account. Large deposits without explanation, transfers between accounts without clear purpose, or gaps in the timeline raise red flags that can delay or derail your application.

For funds from outside the United States, include certified translations of all foreign-language documents. Consular officers need to verify the complete path of your money.

Common documentation problems

The most frequent source of funds issues include:

• Incomplete records that don't show the full history of fund accumulation
• Unexplained large deposits appearing shortly before the application
• Funds from family members without proper gift documentation
• Loans secured by the E-2 business itself (these don't count as "at risk")

The non-marginal enterprise requirement

Beyond the investment amount, your business must demonstrate that it's more than "marginal." This means the enterprise must have the present or future capacity to generate income beyond just providing a minimal living for you and your family.

What marginal means

A marginal enterprise is one that generates only enough income to support the investor's household. Consular officers want to see that your business will contribute meaningfully to the U.S. economy, ideally by creating jobs for American workers.

Demonstrating non-marginality

Strong evidence of non-marginality includes:

• Business plan with financial projections: Show revenue growth and profitability over five years
• Job creation plans: Document current employees or planned hiring with timelines
• Market analysis: Demonstrate demand for your products or services
• Client contracts or letters of intent: Prove you have or will have paying customers

A business plan projecting significant revenue growth and multiple employees by year 3 makes a much stronger case than one showing the investor as the only employee indefinitely.

Common E-2 investment mistakes to avoid

Here are some common pitfalls entrepreneurs make when applying to the E-2 visa. Understanding them will help you structure your investment to avoid problems that could lead to denial.

Insufficient investment for business type

Investing $75,000 in a full-service restaurant may raise the questions on whether the business can realistically succeed. Ensure your investment is competitive by researching what similar businesses in your area typically require.

Funds not actually committed

You need to demonstrate active investment. Showing $200,000 in your bank account is not the same as demonstrating you've actually invested $200,000 in your business. The money needs to be spent on business assets or placed in escrow, not just earmarked.

Weak source of funds documentation

Gaps in your paper trail or unexplained transfers create problems even if your funds are entirely legitimate. We recommend to organize your documentation before applying and address any potential questions proactively.

Business plan showing only family support

If your projections show the business employing only you and generating just enough to cover living expenses, you may fail the non-marginal test. Build a business plan that demonstrates growth potential and job creation.

Next steps after preparing your investment

Once your investment is structured properly and documented thoroughly, you're ready to move forward with the application process.

First, confirm you're a citizen of an E-2 treaty country. Then review our guide on how to apply for an E-2 visa, which covers the consular application process, required documents, and what to expect at your interview.

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