E-2 treaty investor visas: what a “substantial” investment means in practice

There is no fixed dollar figure. How consular officers weigh the investment against the business.

The E-2 visa lets a national of a treaty country live in the United States to develop and direct a business in which they have invested. The investment must be substantial.

Investors often ask for the number. There is not one. “Substantial” is measured against the business itself.

The proportionality test

Officers compare the amount invested with the total cost of buying or starting the business. For a less expensive business, the investor is usually expected to put in a high share of the total cost. For a very expensive one, a lower share can still be substantial.

The money must be committed and at risk. Funds sitting in a business account, waiting for a lease that has not been signed, usually do not count yet.

What else the officer weighs

  • The business must be real and operating, or ready to operate soon.
  • It must not be marginal: it should do more than support the investor and their family.
  • The investor must own at least half of the business or control it.
  • The funds must belong to the investor and come from a lawful source.

What this means for planning

A small business plan with a large share of the cost already spent on equipment, inventory and a signed lease reads well. A plan that depends on future spending reads weaker.

Officers also read the business plan for the jobs it will create. Hiring U.S. workers is not a formal requirement, but it is strong evidence that a business is not marginal.

Check first that your country of citizenship has a treaty for E-2 purposes. The State Department publishes the list.

Citizenship counts, not residence. See E-2 treaty investor visas.

Sources

Published July 21, 2026.

Not legal advice. Updates are general information about the law, dated when published, and may not reflect later changes. Reading them does not create an attorney-client relationship. To talk about your case, schedule a consultation.