Requirements, Investment Rules, Costs & How Adam Bernard Solicitors Can Guide You
The E-2 Treaty Investor Visa is still one of the best ways for foreign business owners to start, buy, and run a business in the United States. But getting E-2 approval is very case-specific and depends on having the right legal structure, following the rules for investment planning, and having good evidence.
At Adam Bernard Solicitors, with offices in both the United Kingdom and the United States, we guide investors through every stage of the E-2 visa process—helping them navigate U.S. immigration requirements with clarity and confidence.
E-2 Visa Eligibility Requirements (2026)
The E-2 visa is a U.S. visa for people who are not U.S. citizens and are from countries that have a trade and navigation treaty with the U.S. It lets certain investors live and work in the U.S. if they make a big investment in a real U.S. business.
The investor must actively develop and direct the enterprise. Passive investments—such as purchasing shares or holding undeveloped property—do not qualify.U.S. Citizenship and Immigration Services (USCIS) and U.S. consular officers evaluate E-2 applications using several core legal criteria.
1. Treaty Country Nationality
The investor must be a citizen of an E-2 treaty country. Where the business is owned by a company, at least 50% of the enterprise must be owned by nationals of the same treaty country.
Common treaty countries include the United Kingdom, Canada, Australia, Germany, France, Japan, Italy, the Netherlands, and Mexico, among others
2. Substantial Investment
U.S. law does not impose a fixed minimum investment amount. Instead, the investment must be substantial in proportion to the total cost of the business and sufficient to demonstrate the investor’s financial commitment.
In practice, E-2 investments commonly range from USD $80,000 to $300,000 or more, depending on the industry, location, and operating model.
The funds must be:
- Lawfully sourced
- Irrevocably committed
- At risk for the purpose of generating profit
3. Real and Operating Business
The enterprise must be a real, active, and operating commercial business. Speculative ventures, shell companies, or idle investments do not qualify. The business must be operational or ready to commence operations immediately upon approval.
4. Non-Marginal Enterprise
The business must not be “marginal.” This means it must have the capacity to generate income beyond merely supporting the investor and their family, or demonstrate a credible plan to contribute economically—often through job creation.
A credible and well-supported business plan is often central to meeting this requirement.
5. Investor’s Role
The applicant must be entering the U.S. to develop and direct the business, typically demonstrated through majority ownership or a senior executive or managerial position.
Types of Businesses That Qualify for an E-2 Visa
Many industries can qualify for E-2 classification, provided they meet USCIS requirements. Common qualifying sectors include:
- Professional services (consulting, IT services, marketing firms)
- Restaurants, cafés, and hospitality businesses
- Retail and e-commerce operations
- Healthcare-related services (non-clinical ownership roles)
- Construction and specialty trades
- Logistics, import/export, and distribution businesses
- Franchise businesses (when properly structured)
Non-qualifying businesses typically include:
- Non-profit organizations
- Passive investment companies
- Purely speculative ventures
- Businesses without a credible revenue or growth model
E-2 Visa Costs and Fees
E-2 visa costs generally fall into three categories:
Government Filing Fees
- DS-160 nonimmigrant visa application fee
- Visa issuance (reciprocity) fee, depending on nationality
USCIS filing fees (if applying for a change or extension of status within the U.S.)
Business Investment Capital
This is not a fee, but the capital committed to launching or acquiring the U.S. business.
Professional and Legal Fees
Legal and professional costs vary depending on the complexity of the case, business structure, and documentation requirements.
Common Reasons for E-2 Visa Denials
Despite strong business intentions, E-2 visas can be denied for several reasons, including:
- Insufficient or poorly documented investment
- Failure to demonstrate lawful source of funds
- Business deemed marginal
- Weak or unrealistic business plan
- Inconsistent ownership or treaty nationality issues
- Lack of evidence showing the investor will actively direct the enterprise
How We Help After a Denial
At Adam Bernard Solicitors, we assist clients by:
- Reviewing E-2 denial notices in detail
- Identifying legal or evidentiary weaknesses
- Advising on re-application strategies
- Restructuring investments or business plans where appropriate
- Preparing stronger, compliance-focused submissions
Alternative U.S. Visa Options If an E-2 Is Not Viable
If an E-2 visa is denied or not the best strategic fit, alternative pathways may be available, depending on your circumstances:
- L-1 New Office Visa – for executives or managers expanding an overseas business into the U.S.
- EB-1C Multinational Manager or Executive – a green card option following successful L-1 operations
- EB-5 Immigrant Investor Program – for investors meeting higher capital thresholds
- “Gold Card”-style investor routes (where applicable under evolving policy discussions)
Our team can help assess which route aligns best with your long-term immigration and business goals.
How Adam Bernard Solicitors Can Guide You
We take a strategic, compliance-focused approach to E-2 visa matters, including:
- Assessing treaty country eligibility
- Structuring investments to meet USCIS “substantial investment” standards
- Reviewing and strengthening business plans
- Documenting lawful source of funds and ownership
- Advising on extensions, renewals, reapplications, and long-term planning
Our focus is on helping clients submit clear, well-supported applications that reduce avoidable risks.
Adam Bernard Solicitors operates in both the United Kingdom and the United States, offering cross-border legal guidance for investors and entrepreneurs pursuing U.S. immigration solutions.
Our U.S. office, Adam Bernard Attorneys, focuses on U.S. immigration and investor visa matters, including the E-2 Treaty Investor Visa. We work closely with clients to ensure applications meet USCIS and consular standards while aligning with long-term business objectives.
For more information, consult with Adam Bernard Attorneys in the United States to receive professional guidance tailored to your investment and immigration goals
