VisaCrafterThe VisaCrafter JournalE-2 Visa
How Much Investment Is Required for an E-2 Visa?
Author: Anthony Rosemond2 min read
Quick answer
There is no legally fixed minimum investment for the E-2 visa. Adjudicators apply a proportionality test: the smaller and less expensive the business, the higher percentage of its total cost you need to have invested. In practice, most approved cases fall somewhere between $80,000 and $200,000, though lower-cost businesses have qualified with less, and larger ones require proportionally more.
Table of contents
This is the question every prospective E-2 applicant asks first, and the honest answer surprises people: there is no legally defined minimum investment amount. The E-2 category was written without a fixed dollar threshold on purpose, unlike EB-5, which has a hard-coded minimum.
The real test: proportionality
Instead of a fixed number, adjudicators use what's informally called the proportionality test, drawn from the State Department's Foreign Affairs Manual guidance on treaty investors. The logic works like an inverse sliding scale:
- Lower-cost businesses need a higher percentage invested. A business that costs $100,000 to establish might need close to that full amount invested to be considered substantial.
- Higher-cost businesses can get away with a lower percentage. A $3 million business might only need 30% invested to clear the bar, since the absolute dollar amount is already large.
There's no published table mapping exact percentages to exact business sizes; it's a case-by-case judgment applied by the adjudicating officer, based on precedent and internal guidance.
What a "substantial" investment actually needs to show
Beyond proportionality, the funds need to satisfy a few other tests simultaneously:
- Committed, not just available. Money that's still sitting in your personal savings account "ready to invest" isn't enough on its own. It has to be spent or irrevocably committed (already tied up in a signed lease, equipment purchase, franchise fee, or escrow for a pending acquisition).
- At risk. The funds need to be exposed to the possibility of loss if the business fails, not shielded through a personal guarantee-free loan or a refundable deposit.
- Legitimately sourced. You need a documented paper trail showing where the money came from: savings, the sale of another business or property, an inheritance, or a loan secured by your own assets.
What this looks like in practice
Most approved E-2 cases we see cluster somewhere between $80,000 and $200,000, largely because that's the range where a real, viable small business (a franchise unit, a professional services firm, a small retail or hospitality operation) can be adequately capitalized. That said:
- Businesses with very low startup costs have been approved with investments closer to $50,000-$60,000
- Larger operations (manufacturing, multi-location franchises) commonly require $250,000 and up to meet the proportionality bar at their scale
What doesn't count
A few common mistakes we see in self-prepared filings:
- Counting projected future revenue as part of the investment (it doesn't; only capital actually contributed counts)
- Including the value of your own unpaid labor as part of the investment amount
- Treating a fully refundable deposit as capital at risk
Sources
Curious what a lawyer charges for an E-2?
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