One of the most common questions asked by aspiring E-2 visa applicants is, “How much is enough to qualify?” The answer isn’t straightforward. U.S. regulations require a “substantial” investment but don’t specify an exact amount. While many experts recommend investing over $100,000, the right figure for you depends on several factors. Here’s a breakdown of the three critical elements that can shape your E-2 investment strategy:
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The Proportionality Test
To determine if an investment is substantial, U.S. immigration officers apply the “proportionality test.” This evaluates whether your investment is significant in relation to the total cost of purchasing or starting the business.
- For small startups, 100% of the required investment must typically be spent before filing (e.g., investing $100,000 for a business that costs $100,000).
- For larger businesses, a smaller percentage may suffice due to the scale of the investment.
This sliding scale can pose challenges for service-based startups, like consultancies, with low initial costs. Demonstrating a substantial commitment in these cases often requires strategic planning.
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Overall Strength of Your E-2 Visa Application
Your investment amount interacts with other key aspects of your application. For example, you must show that:
- The business is real and operating.
- The investment goes beyond simply supporting your family and will create U.S. jobs.
- You will actively develop and direct the enterprise.
If your investment amount is lower, strengthening other areas of your application—such as securing signed contracts or hiring U.S. employees before filing—can bolster your case.
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Where You Apply
The consulate or agency handling your application can also influence how much investment is “enough.”
- Consular Processing: Some U.S. consulates may consider investments under $100,000 insufficient, requiring higher spending to demonstrate substantiality.
- USCIS Processing: While USCIS may accept lower investment amounts, they scrutinize other elements of the application more thoroughly.
Working with a knowledgeable advisor can help you navigate these nuances and optimize your E-2 application based on where you file.
Take the Next Step
Understanding these factors is essential to crafting a strong E-2 visa application. Whether you’re considering a franchise opportunity or starting a new business, strategic planning is key. Join our next webinar to learn more about E-2 visa-friendly franchise opportunities and how to position yourself for success.
