How Officers Evaluate E-2 Treaty Investor Businesses
The E-2 visa is judged less on paperwork volume and more on economic reality.
E-2 CORE ELIGIBILITY (Hard Stops)
- Treaty Nationality
- Applicant holds nationality of a treaty country
- Ownership is majority treaty-national owned
High risk: Minority treaty ownership or indirect control.
- Investment at Risk
- Funds are irrevocably committed
- Capital is already spent or contractually obligated
- No speculative or escrow-only funding
High risk: “Planned” investment without execution.
- Lawful Source of Funds
- Clear, traceable source
- Banking trail provided
- No undocumented transfers
High risk: Unexplained lump sums or cash movement.
E-2 BUSINESS VIABILITY (Primary Approval Test)
- Real Operating Business
- Active operations or imminent launch
- Lease, equipment, vendors, or contracts in place
High risk: Shelf company or placeholder entity.
- Non-Marginality
- Business can support more than the investor
- Credible path to job creation
- Revenue exceeds “self-employment” survival level
High risk: Lifestyle or owner-only businesses.
- Proportional Investment
- Investment is proportional to business type
- Capital level makes sense for the industry
High risk: Underfunded businesses claiming scale.
E-2 PLAN & ROLE
- E-2-Specific Business Plan
- Written for consular/USCIS review
- Addresses marginality, investment, jobs
- Avoids VC-style hype
High risk: Generic or investor-only plans.
- Applicant’s Role
- Executive or supervisory position
- Not performing daily frontline labor
High risk: Applicant appears operationally replaceable.
E-2 Risk Summary
E-2 approvals fail most often due to:
- Marginality
- Underinvestment
- Poor business plan alignment
