The type of business you choose affects your chances of E-2 visa approval. Below is a comparison of the most common business paths used by investors.
Franchises are the most popular E-2 business choice. Proven model, established brand, faster revenue, and easier USCIS approval.
Buying ongoing businesses offers immediate revenue and proven financials. Suitable for experienced entrepreneurs.
Building your own business allows full control but requires detailed planning and potentially longer runway.
USCIS requires your investment to be "substantial" and not "marginal." This means your investment must be meaningful relative to the total cost of the business. For example, investing $5K in a $500K business would be considered marginal, but $150K in the same business would not.
To avoid marginality issues, invest at least 10-15% of the business value in essential startup costs like equipment, inventory, and leases. Make sure your investment is actively used to fund operations.