E-2 businesses
Buying an existing business for an E-2 visa
An existing business can be a strong basis for an E-2 visa: it has revenue, staff and a history the consular officer can check. It has to be bought the right way: with your own funds at risk, at least 50% ownership or control, and an investment that is substantial for the price of the business.
What E-2 rules mean for an acquisition
| E-2 requirement | What it means when you buy a business |
|---|---|
| Substantial investment | The lower the price of the business, the larger the share you must pay yourself. For most acquisitions you fund the whole purchase. |
| At risk and committed | Funds must be spent or irrevocably committed. An escrow released only when the visa is issued is accepted. |
| Ownership or control | At least 50% ownership, or operational control through a corporate position. |
| Real, operating enterprise | An existing business with staff, customers and revenue meets this test more easily than a startup. |
| Not marginal | The business must earn more than a minimal living for your family or have a wider economic impact, for example by employing U.S. workers. |
| Your own funds | Loans secured by the business assets, including seller financing secured by the business, do not count toward the investment. |
| Legitimate source of funds | Every dollar needs a documented trail from its origin to the seller. |
Source: U.S. Department of State, 9 FAM 402.9. Your immigration attorney applies these rules to your case.
Businesses that often fit
- Home and commercial services with a team: cleaning, HVAC, landscaping, pest control
- Logistics and transportation
- Healthcare support services that do not require the owner to hold a license
- Light manufacturing and distribution
- B2B services with recurring contracts
- Restaurants and franchise resales with a verifiable history
Businesses that usually do not
- Passive investments: rental real estate, land, stocks
- One-person practices that depend on the seller personally
- Businesses that need a license only the seller can hold
- Businesses with income that cannot be verified from bank records
How the purchase and the visa fit together
- 01Choose the business and agree the LOI with a visa contingency.
- 02Complete due diligence; your attorney drafts the purchase agreement.
- 03Form your U.S. company and transfer the funds into escrow.
- 04Your attorney files the E-2 application with the investment documented.
- 05On visa issuance the escrow releases the funds and the business transfers to your company.
The exact sequence depends on the consulate and the deal. Some buyers close first and file afterwards; your attorney decides what is safer for your case.