Here are three things you can do to greatly improve the quality of your E-2 visa application. None of them is a secret, but together they make a real difference in how strong your case looks to a consular officer. Let me walk through each one and explain why it matters.
1. Invest a Substantial Amount
The first is to invest a substantial amount. What does substantial mean? Plan for a minimum of $100,000, or whatever it costs to get your business fully operational, whichever is more.
If you have a simple service-based business, you will likely need to invest at least $100,000 USD before you apply. And keep in mind what invest means here: invest means spend. The money has to be put into the business before your application, not held in reserve. If you have a more complicated or more expensive business to start, or you are buying a company with a higher asking price, you will need to invest more than $100,000 before you apply. The amount scales with the business, but a thin investment weakens the whole case, so make sure yours is genuinely substantial.
2. Have a U.S. Worker on Payroll at the Time of Application
The second is to have a U.S. citizen or green card holder on payroll at the time you apply. What should that job be? Whatever works for your business. There is no requirement about the specific role.
So why does it help so much? Because it shows the consular officer that you are genuinely going to increase employment opportunities in the United States. One of the things the E-2 cares about is that your business is not marginal, meaning it will do more than just support you. An American worker already on the payroll is concrete proof that your business is creating U.S. jobs. This is a big factor, and it is one of the strongest signals you can send.
3. Make Sure the Business Is Operational and Generating Revenue
The third is to make sure your business is real, operational, and already generating revenue by the time you apply. A business with open doors and money coming in is far more convincing than one that exists only on paper.
Now, here is the key detail that trips people up. Before you have the E-2 visa, you have no authorization to work in or manage the business while you are physically present in the United States. You cannot run the day-to-day yourself from inside the country before approval. So how does the business operate in the meantime?
This is exactly where point two pays off twice. Your U.S. employees handle the work and keep the business running until you get your E-2 visa. They operate it, serve customers, and generate that revenue while you wait. Once you have the E-2 in hand, you come over and run the business yourself, doing all of it. Until then, your team carries it.
Putting the Three Together
Look at how these reinforce one another. A substantial investment funds a real business. A U.S. worker on payroll proves you are creating jobs and keeps the business legally running before approval. And an operational, revenue-generating business shows the officer that everything you are claiming is already true, not just promised. Number one, invest a substantial amount. Number two, have an employee on payroll at the time of application. Number three, generate revenue and keep the business real and operational.
One honest reminder: only the U.S. Consulate or USCIS can decide whether you qualify for the E-2 visa. These three steps do not guarantee approval. What they do is clearly raise the quality and approvability of your application, which is entirely within your control.
Want help building these three things into your case? Give us a call anytime. We would love to speak with you about your E-2 visa.
About the author
Angie Rupert is the founder of Rupert Law. Her firm works exclusively on E-2 and E-1 visas, helping investors and entrepreneurs from treaty countries move to (and stay in) the United States.
This is an advertisement. Nothing in this article should be considered a guarantee of any result. Nothing in this article should be considered legal advice. Nothing in this article constitutes or creates any sort of agreement or legal relationship between this law firm and any reader. You are only a client if a legal agreement is sent and signed and all terms of the agreement have been met.
