We are often asked about the E2 visa investment amount that must be invested in order to qualify for an E2 treaty investor visa. Unlike with an EB5 immigrant visa, which requires a specific minimum amount of investment, the E2 visa investment amount requirement focuses on “substantial investment” and not a specific amount.

To qualify for an E2 visa, the applicant must prove that:

1. The applicant has invested or is actively in the process of investing into the subject entity;
2. The enterprise is a real and operating commercial enterprise;
3. The E2 visa investment is substantial;
4. The investment is more than a marginal one solely for earning a living;
5. The applicant is in a position to develop and direct the enterprise;
6. The applicant, if an employee, will fill an executive/supervisory position or possesses skills essential to the firm’s operations in the United States; and
7. The applicant intends to depart the United States when the E2 visa status terminates. 9 FAM 41.51 N1.2.

E2 visa investment amount requirement of substantial investment, or in other words, what is the necessary amount of the E2 visa investment:

First of all, there is no minimum dollar amount necessary for the E2 visa investment amount  to be considered substantial. The government applies a “proportionality test” to E2 visa applications to determine whether an E2 visa investment is substantial.

(1) The E2 visa investment amount must be proportionate to the total value of the particular business (usually applies to existing businesses), or

(2) The investment must be an amount normally considered necessary to establish a viable enterprise (usually applies to a new businesses). The amount of money necessary to establish a viable enterprise is dependent on the nature of the business. The amount that is necessary to get the business off the ground.

Generally, an E2 qualifying business that requires a smaller startup capital must invest a greater percentage of that capital in order for such investment to be considered substantial.

By contrast, for an E2 qualifying business that requires a large amount of startup capital, the initial investment may be a smaller percentage of that capital amount, but still deemed substantial for E2 visa application purposes.

For example, a software development startup company requires a total initial capital infusion of $80,000.00 to get it off the ground. In this situation, the startup may have to invest 85% to 100% of the $80,000 capital in order to establish substantiality of investment.

On the other hand, a company that will be manufacturing smart mobility products requires a total initial capital of $2,000,000. The startup may only need to invest 15% ($300,000) of its required total startup capital of $2,000,000 in order for that investment to be deemed substantial for E2 visa application purposes.

The takeaway: There is no minimum dollar amount necessary for the E2 visa investment to be considered substantial, and there is no clearly defined “investment vs. total startup cost ratio” to determine substantiality. Our experienced E2 visa immigration attorney can assist you with evaluating your E2 visa qualifications, including the substantiality of investment requirement as well as whether the proposed E2 investment amount will likely be sufficient.

9 FAM 41.51 N1.2; and 8 CFR §214.2(e)(12). 9 FAM 41.51 N10.2.