E2 Visa Business: Which Business is Best for an E2 Visa

E2 Visa Business


Are you considering the E2 visa as a way to live and work in the United States?


If so, you should know that selecting the right E2 visa business is very important for success in your visa application.


While there is not 1 particular type of business that is best for an E2 visa, there are businesses that should be avoided when possible.


In this guide, I’ll go through 3 E2 visa requirements relating to the E2 business. I’ll then discuss how these requirements can impact different types of businesses.


If you have any questions regarding your particular case, feel free to email me directly at Michael@AshooriLaw.com. I’d be happy to help you.


1. Substantial Investment that is At-Risk


The E2 visa requirements state that you must make a “substantial investment” in a US business. While the regulations do not specify a specific dollar amount that is considered substantial, I typically recommend that you invest at least $100,000 or more.


The regulations further go on to specify that your investment must be “at-risk.” This means that your funds cannot simply be held in the US business bank account. The funds must actually be spent prior to applying for the E2 visa.


E2 Visa Business to Avoid: Service-Oriented Business (Start-Up)


In light of the 2 requirements above, it is important to avoid businesses with low start-up costs. An example of a business type to avoid is a service-oriented business start-up (such as a consultancy). E2 Investors looking to start a service-oriented business have a difficult time spending $100,000. Other than the lease payments, office furniture, and computers, there’s not much else needed to start a service-based business. For this reason, it’s difficult to meet the “substantial investment” and “at-risk” requirements of the E2 visa.


If you are set on running a service-oriented business, it may be better to purchase an existing business. By purchasing an existing business, you can satisfy both the “substantial investment” and “at risk” requirements (assuming the business is priced over $100,000).


E2 Visa Businesses to Consider: Businesses with High Startup Costs or Existing Businesses


In light of the requirements discussed above, you may wish to consider investing in a business with high startup costs. Businesses involving inventory or expensive equipment typically have an easier time satisfying the “substantial investment” and “at-risk” requirements. By purchasing inventory and/or necessary equipment, the E2 investor can reach the necessary threshold of committed funds.


2. E2 Visa Business Must be Active For-Profit Business


The E2 visa regulations require that your E2 business be an active for-profit business. This means that the E2 company cannot be a non-profit business. Similarly, the E2 company cannot be a passive business, such as an investment in real estate. Investing in real estate is generally considered a passive business activity and does not qualify for an E2 visa.


Businesses to Avoid: Non-Profit Businesses and Passive Investments


  • Not-for-profit businesses


  • Passive Investments in Real Estate and Other Assets



3. E2 Visa Business Cannot be a Marginal Enterprise


The E2 visa regulations state that the E2 business cannot be a marginal enterprise. A marginal enterprise is a business that does not have the “capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.”


A business can overcome classification as a marginal enterprise in 2 ways:


  • Generating more than enough income to provide a minimal living for the treaty investor and his or her family;


  • Making a significant economic contribution by hiring employees.


In light of the above “marginality” requirement, it is important to choose an E2 business that will generate more than enough income to provide for the E2 investor and his/her family. Therefore, businesses with low earning-potential should be avoided.


Additionally, it may be wise to choose a business that requires you to hire employees. As specified above, hiring employees can show that the business is making a “significant economic contribution” which would overcome a finding that the E2 company is marginal.




Selecting the right E2 visa business is very important to have success with your visa application. While there are many different types of businesses that can be approved for an E2 visa, certain businesses are better suited for the E2 visa.


The business you decide on should ideally conform to the below guidelines:


  • High start-up costs or purchase price over $100,000


  • Active/for-profit business


  • High profit-earning potential and need for employees


If you would like assistance with your E2 visa application, please email me at Michael@AshooriLaw.com. My law firm is focused on helping investors and entrepreneurs and I would be happy to help you.





Share this post...

Ashoori Law
Based on 591 reviews
Jamal Albardwil
I was delighted with my experience. Mr. Ehsan Ashoori Was a professional, and free consultation meant free and informative. And he educated me on what to expect and do, the likely outcomes, and how to achieve it. I would highly highly recommend this... immigration law firm to anyone needing an immigration law firm.I wish I could give them 6 stars.100% professionals.read more
Sanjeev Bhalla
Ashoori Law is a professional law firm with a great team. We had applied for my daughter's change of status visa and they handled it pretty well and we got the status change without any difficulty. I would strongly recommend them to anyone who... wishes to engage a immigration law firm. They will do a great job as was in our case. I'd like to thank Michael and Sergio as well their entire team for the fantastic work work they did for us.read more
Graem Beddoes
Very grateful for the help and guidance in getting our E2
Carolina Marmolejo
Very proffessional law firm. My husband & I appreciated their attentive, meticulous and detailed work on our case. They always stayed communicated and responsive to us from beginning to end.
Kaveeta Ramnarine
Totally grateful to the Ashoori team for their excellent service. They are very responsive and knowledgeable, they go above and beyond for their clients.Special thank you to Attorneys Rebecca McCarthy and Ehsan Mehri for their continued support in... our process.read more
Shyam Chandrasekharan
I wanted to express my heartfelt thanks for your exceptional guidance and expertise in securing my visa extension approval. Your professionalism, attention to detail, and dedication were instrumental in achieving this success. Your support and clear... communication throughout the process were invaluable. I'm deeply grateful for your outstanding work.read more
Malia Hi’ilani
Ashoori Law is a very knowledgeable and thorough law firm, with a great team. They gave me confidence in my business plan by providing a free discovery call to see if it was worth pursuing. Very personable and available for all of my questions or... concerns throughout the process. I was granted my E2 change of status successfully. I would highly recommend them for all of your immigration needs.read more
Israt Jahan
AshooriLaw is a great choice for our case.they response fast and very helpful.
Beth Jinks
Ashoori Law again handled my green card travel document renewal application professionally, and they accurately predicted the processing time. I've tackled similar paperwork alone before, but have now been working with Ashoori for about five years... because they provide peace of mind that everything is handled correctly. Highly recommend.read more
Chris Lejeune
At first I was hesitant hiring a lawyer from outside Texas that no one I knew personally dealt with however I am glad I did. These guys are very helpful and friendly. Their knowledge of my case and procedures was outstanding. 5 stars all day long.
Yuvraj Singh
I would highly recommend Ashoori law for any kind of immigration services. They are fast, their process is easy and they are professional. I would highly suggest them handle your immigration cases.
Mazen Hanana
Thank you for your amazing services as well as for your prompt response to all my queries.Your professional experience was very helpful in submitting, approving and getting my Re-entry permit
Very great! Love, love, love Ashoori Law and his team. They make you feel like family. This is the team that will definitely get the job done. Very friendly and professional!
Nyoka Bandoo
Very professional and looks out for your best interest at heart!
arsalan pervez
Hello sir u have watsap number
My wife & I recently engaged the services of Ashoori Law for Immigration services, and I must say that I am thoroughly impressed with their expertise and professionalism. From the moment I contacted them, they demonstrated a deep understanding of my... case and provided insightful advice that put me at ease. Their legal team, led by Micheal, displayed an exceptional grasp of the intricacies involved in my situation. The Ashoori Law team not only guided me through the entire legal process but also took the time to answer all my questions in a clear and concise manner. Their attention to detail and dedication to my case truly set them apart. I am pleased with the overall outcome and would recommend Ashoori Law for their top-notch legal services.read more
Before contacting Michael Ashoori's firm, I had spoken to a few Immigration lawyers, NONE was as patient and responsive as Michael. His firm scheduled a call with an Attorney who turned out to be the most efficient and brilliant lawyer ever.... Stephanie DiPietro was simply amazing. The detail in her notes, cover letter and crisp responses to my plentiful enquires mostly done with a smile was always reassuring. I highly recommend this firm as they are worth much more than they charge.read more
I had an exceptional experience with Ashoori Law. I hired Ashoori Law Firm to help with my immigration process. They assigned me a dedicated legal assistant, Jeser, and an attorney, Matthew, to guide me through the process. I am truly grateful for... the responsiveness of Jeser and Matthew. They consistently answered all my questions and helped me prepare all the documents for the application. The team's friendliness and remarkable expertise stand out. I highly recommend Ashoori Law to anyone seeking legal services for immigration.read more
Anas Khan
Michael's firm has been very helpful in processing, filing and taking the Re-entry permit to its successful approval. I needed help as I had to travel due to personal emergency for an extended duration and had a lot of questions with no time to... think. They gave us time and clarified all the questions over call, email giving proper directions. Some of the videos on YouTube posted by Michael also helped me figure out that I could reach out to them to take my application forwardThanks to Matthew, Clara, Milena and all the folks who helped.read more
Alyssa Sanders
I highly recommend this lawyer for all immigration needs. They were so extremely patient with my situation and my questions, and definitely legitimately cared about the experience had with them. Immigration can be a very difficult and scary... experience and they definitely offered peace of mind. Very Affordable for the quality of services provided. I would definitely use them again in the future and recommend for immigrantion law needsread more
Fauzia Usman
Thankyou so much Michael Ashoori and your Immigration Attorney Shruti Bali and all team member to help me process me and my family case of E2 Investor Visa. It took Approx. 10 months from Ontario Canada. I Never visit IN person to this Firm,... everything deal and process online. Ashoori Law serve Great Professional Service. Highly recommend.read more
Sonia Rathour
Ashoori Law Firm has the most loyal Representatives and lawyers who really cares about their client. They always available to answer any question you have regarding your case and always give the best advise for your best.I got so lucky to have... immigration case in their Hand.read more
Dinesh Perera
I am so glad I chose Ashoori Law for my E2 process. They handled my case professionally from start to finish. My circumstances were somewhat complicated and needed special attention in order to get me across the finish line. I must state that I was... extremely fortunate to have had Shruti as my attorney handling my case. She was always very responsive to all my questions and cleared my doubts in every instance. All documents were very carefully handled by her and checked over and over again prior to submission, which i believe is the key to getting the E2 approved. Thank you Michael, Shruti and the entire team for a professional and successful job done.read more
Next Reviews
Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.