If you’re exploring ways to invest in the U.S. and secure an E-2 visa, you’re probably wondering: what qualifies as an “investment”? More importantly, what doesn’t? The rules can seem a bit murky, but getting this part right is essential for your application. 

What Is the E-2 Visa?

The E-2 visa is designed for entrepreneurs from treaty countries who want to invest in and run a business in the United States. It’s an excellent opportunity, but there are specific investment-related criteria that applicants need to meet. For one, your investment must be considered “substantial” and it must go toward a real, operating business—not just an idea or a passive holding.

But how do you determine what counts as a valid investment? And what’s considered off-limits? Let’s get into the details.

What Qualifies as an E-2 Visa Investment?

The U.S. government has clear expectations for what your investment should look like. Here’s a rundown of what typically counts:

1. Business Purchases – Buying an existing business or Franchise
   Investing in an established business, whether it’s a café, consulting firm, or Retail store, is usually considered a qualifying investment. This includes costs like the purchase price, franchise fees, and initial setup costs.

2. Startup Costs – Money spent getting a new business off the ground
   Starting a business from scratch? Expenses like purchasing equipment, leasing commercial space, and obtaining licenses or permits all count. Just make sure you have receipts or contracts to show how funds were used.

3. Operational Costs – Spending to keep the business running
   Once your business is up and running, day-to-day costs like salaries, inventory, and utilities demonstrate that your investment is tied to a real, active enterprise.

4. Tangible Assets – Investments in equipment and property
   Buying assets for the business, such as machinery, office furniture, or even company vehicles, can strengthen your case. The key is that these assets should directly support the business operations.

5. Commitment of Funds – Proving that your money is “at risk”
   An important part of the E-2 visa is demonstrating that your funds are actively committed to the business. This means your money is being spent or earmarked for specific purposes, not just sitting in a bank account waiting to be used.

In essence, your investment should show clear intent to create or grow a real business in the U.S. The more detailed and thorough your financial documentation, the stronger your application.

What Doesn’t Qualify as an E-2 Visa Investment?

Not everything you spend money on will count toward your investment total. It’s important to know what’s excluded so you don’t waste time or resources. Here’s what you should avoid relying on:

1. Passive Investments – Real Estate or stocks unrelated to the business
   The E-2 visa isn’t for passive investors. Buying a rental property, for example, or holding shares in a company that you’re not actively involved in won’t qualify.

2. Uncommitted Funds – Money in personal savings or untapped accounts
   Your investment needs to be “at risk,” meaning it’s actively being used in the business. Funds that haven’t been spent or are sitting untouched in a personal account don’t show the required level of commitment.

3. Minimal Investments – Insufficient funding for the business to succeed
   There’s no official minimum investment amount, but it must be substantial enough to ensure the business can operate successfully. Throwing a few thousand dollars at a project and calling it a day won’t cut it.

4. Personal Expenses – Costs unrelated to the business
   Don’t confuse personal costs like living expenses or your own Travel fees with qualifying business investments. These don’t count toward your required investment.

5. Non-Operational Purchases – Assets that don’t serve the business
   If you’re buying things that aren’t directly tied to the operations of your business—like luxury goods or unrelated real Estate—those expenditures won’t count.

Understanding these exclusions can save you from missteps and make your investment plan much more effective.

How Much Is “Substantial”?

The term “substantial” isn’t defined by a fixed dollar amount. Instead, it’s evaluated based on the size and nature of your business. A tech startup might need hundreds of thousands of dollars to be considered substantial, while a smaller service-based business might require less. The key is proportionality—your investment should be significant enough to fully fund your business and show that you’re committed to its success.

As a rule of thumb, aim to invest enough that your business can operate smoothly without needing additional funds right away.

Tips to Strengthen Your E-2 Visa Application

Getting approved for an E-2 visa involves more than just meeting the investment criteria. Here are a few extra steps to make your case stronger:

1. Have a solid business plan – Your plan should outline how your business will operate, generate revenue, and create jobs.

2. Document everything – Keep detailed records of your investments, including invoices, contracts, and bank statements.

3. Prove your involvement – Show that you’ll play an active role in running the business, not just funding it.

4. Demonstrate economic impact – Highlight how your business will contribute to the local Economy, whether through job creation or other benefits.

5. Work with experts – Consulting with an immigration attorney or business advisor can help ensure your investment strategy aligns with E-2 visa requirements.

Moving Forward with Confidence

Navigating the E-2 visa process can feel complex, but understanding what counts as a valid investment—and what doesn’t—is a huge step in the right direction. Focus on putting your funds toward building a real, active business that you’re passionate about. With careful planning and the right guidance, you’ll be on your way to living and working in the U.S. in no time.

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Originally Published on https://www.breakfastleadership.com/

Michael Levitt Chief Burnout Officer

Michael D. Levitt is the founder & Chief Burnout Officer of The Breakfast Leadership Network, a San Diego and Toronto-based burnout consulting firm. He is a Keynote speaker on The Great Resignation, Quiet Quitting and Burnout. He is the host of the Breakfast Leadership show, a Certified NLP and CBT Therapist, a Fortune 500 consultant, and author of his latest book BURNOUT PROOF.