Visas Based on Treaties Between the U.S. & Other Countries
E-2 Investor Visas – Launch Your Business with ConfideNCE
Kennedy Law provides end-to-end E-2 support for treaty-country entrepreneurs: strategy, investment structuring, petition preparation, interview coaching, family considerations, and securing your E-2 visa—with you to start, acquire, and actively manage a U.S. business.
ENTERPRISE & INVESTMENT REQUIREMENTS
E-2 VISA: ENTERPRISE DEFINED
Real and Operating Enterprise
- The business must be a real, bona fide enterprise — not a paper entity or idle investment. It should demonstrate readiness to function when the visa is approved, with evidence such as a lease, equipment, or contracts in place.
- To be real and operating, the enterprise must be more than marginal. It must have the capacity to support you and your family and, ideally, to create U.S. jobs within five years. In other words, the business should generate more than minimal income, not just a basic living for the investor.
- The enterprise is not just supporting the investor’s family but also having the present or future capacity to make a meaningful economic contribution (often shown by growth, reinvestment, or employing U.S. workers, but not a statutory headcount requirement).
Active Management
- E-2 investors are expected to play an active role in the management of the U.S. business. This generally requires owning at least 50% of the enterprise, participating in major decisions, and overseeing day-to-day operations either by residing in the United States or traveling regularly to direct the business.
E-2 Visa: INvestment Requirements
- Investment
You must have invested or be actively investing a significant amount of money into a real business in the United States. This investment must be fully committed and at risk, meaning you cannot simply withdraw it. The investment should be enough to make the business successful and generate more than just a living wage for you and your dependents. - Substantial and proportional
There is no fixed dollar minimum. The investment must be “substantial” in relation to the total cost of starting or purchasing the business. The test is whether the investment is large enough to make the business succeed, relative to the type of business. For most cases, six-figure investments are expected, though some businesses can qualify with less. - At risk and irrevocably committed
It must be “at risk”, i.e. committed and subject to loss if the business fails. Money must be truly invested, not just sitting in a bank account. Signed contracts, leases, equipment purchases, and startup costs all count if funds are committed. - Lawful source of funds
You must prove where the money came from (savings, property sales, inheritance, gifts, or unsecured personal loans) and trace its movement into the business. - Source of Funds
Applicants must demonstrate that the funds invested come from a legitimate source. This ensures that the money used for the investment was legally obtained. The process requires tracing the origin of funds and showing their movement from the investor or investment entity into the U.S. business.
Qualifying Investment that Typically Satisfies E-2 Criteria:
- Investing in an active business
- Investment is substantial enough to make the business successful
- Funds are fully committed and at risk
- Money could be lost if the business fails-
- Business earns much more than a living wage for the investor
What Does Not Typically Satisfy E-2 Criteria:
- Mere ownership of undeveloped land
- Uncommitted funds in a bank account
- Speculative investments with no active involvement
- Business only supports basic living needs of the investor
- Safe or protected investments with no risk of loss in relation to the total cost of starting or purchasing the business.
Is there a minimum investment for the E-2 visa?
Legally: There is no fixed dollar minimum written into the law or regulations.
In practice: Most successful E-2 cases involve investments of $100,000 or more.
- Smaller investments (e.g., $75,000–$100,000) can sometimes qualify if the business model is lean and the amount covers nearly all start-up costs.
- Very low amounts (e.g., $25,000–$50,000) are almost always denied because they don’t demonstrate sufficient commitment or likelihood of success.
- Adjudicators apply the “proportionality test”: they compare how much you’ve already spent against the total cost of launching the enterprise. The closer you are to covering 100% of the start-up costs, the stronger the case.
Rule of thumb for clients: While the law sets no minimum, you should plan on investing at least $100,000 to be competitive, unless you have a strong business model that clearly requires less.
Is Success POSSIble for franchisees?
Franchisees Can & DO SUCCEED!
Success requires a strategized tailored submission that demonstrates substantial investment, active management, and long-term viability, not just ownership. Rapid, “template” submissions without tailored supporting evidence increase risk of denial.
At Kennedy Law, we meticulously prepare every E-2 franchise case, tailoring strategies to each investor’s unique business model and personal circumstances. We go beyond cookie-cutter templates, clarifying complex consular procedures and embassy-specific requirements while reviewing business plans for legal sufficiency. Our hands-on approach ensures applicants are fully prepared for visa interviews and renewals, reducing delays and maximizing approval success. With a proven track record of securing E-2 visas for franchise investors, Kennedy Law combines strategic guidance, detailed preparation, and personalized support to help you confidently launch and grow your U.S. business.
E-2 Requirements for Franchisees
- The investor must be actively involved in the business, not just a passive owner.
- The franchise must allow control over operations, not just a silent investment.
- The investment must be substantial relative to the total cost of starting or purchasing the franchise.
- The business must be more than marginal, meaning it should generate enough income to support the investor and family, not just provide a living.
Factors That Help Franchise-Based E-2 Success
- Established brand and proven business model (e.g., McDonald’s, UPS Store, Great Clips).
- Detailed, well-documented business plans showing projected growth, expenses, and staffing.
- Evidence that the investor will actively manage the franchise.
- Clear documentation of the source of funds and investment.
Potential Challenges
- Some franchises have limited control over operations, which can trigger a USCIS question about active involvement.
- Minimal investment or small-scale franchise may be rejected as marginal.
- Overcome challenges & minimize risk of denial by teaming with Kennedy Law.
WHY CHOOSE KENNEDY LAW?
At Kennedy Law, we are committed to meticulous preparation, clarity, and personalized strategy. Every case receives close attention, from the initial investment evaluation to final approval. Your E-2 petition is crafted to reflect your unique vision, business potential, and compliance with immigration law—giving you the best chance for success.
We understand how much is at stake when you invest your savings and uproot your life. At Kennedy Law:
- Solo-Focused Expertise
As a solo practitioner, I provide undivided attention to every application. Each filing is carefully reviewed and tailored to your circumstances—never a generic template. - Custom Strategy for Every Investor
We evaluate your investment, business model, and personal goals to build an E-2 strategy that meets USCIS and consular standards while highlighting your enterprise’s potential. - Business Plan Review & Optimization
Your business plan is the backbone of your petition. We review and strengthen it for legal sufficiency and persuasiveness, ensuring it demonstrates a real, operating enterprise with substantial investment and economic impact. - Consular & USCIS Guidance
Whether filing with USCIS or applying abroad, we prepare your petition and guide you through the process. Our approach ensures your documentation meets the expectations of the adjudicating consulate or agency. - Efficiency & Predictability
We anticipate challenges, minimize delays, and prepare comprehensive documentation to streamline the process and maximize approval likelihood. - Ongoing Support
Our work doesn’t stop at approval. We assist with employee E-2 visas, renewals, and long-term planning—including possible transitions to permanent residency. Our work doesn’t stop at approval.
We proudly serve clients worldwide—from initial investment to visa renewal and beyond. At Kennedy Law, you’re not just another file. You’re building your future.
