How the E-2 Visa Works for Business Buyers and Sellers
Thinking about buying or selling a U.S. small business with international investors involved? The E-2 visa process can influence deal structure, timing, and eligibility. For buyers, it determines whether they can operate the business post-sale. For sellers, it often means adapting to different transaction timelines and documentation requirements. Understanding these basics upfront and working with experienced professionals can help avoid delays.
What Is an E-2 Visa?
The E-2 visa is a nonimmigrant investor visa that grants work authorization in the United States to citizens of treaty countries who make a substantial investment in a U.S. business. It is directly tied to operating the business, which supports cross-border investment and job creation.
Eligibility is limited to applicants who are nationals of treaty countries recognized by the U.S. Department of State. This treaty relationship is a legal requirement for approval.
More information about the nonimmigrant visa application, requirements, and process is available on the U.S. Citizenship and Immigration Services (USCIS) website.
Who Qualifies for an E-2 Visa?
- Treaty Countries: Applicants must be citizens of a country with a qualifying treaty of commerce and navigation with the United States. A full list of treaty countries is available here.
- Investment Level: The investment must be a substantial amount of capital relative to the business's costs. There is no fixed minimum investment amount. However, most successful applications involve investments of around $100,000 or more. Lower amounts can still qualify if the investment is substantial relative to the business cost and supported by a strong business plan demonstrating viability and job creation.
- Business and Investment Type: The business must be a real, active, for-profit enterprise that produces goods or services. It can’t be a passive investment, such as real estate holdings or undeveloped land. This is a key opportunity for entrepreneurs and essential employees.
- Residency Intent: The E-2 visa is a nonimmigrant classification, so applicants must maintain the intent to depart the United States when their E-2 status ends. However, the visa can be renewed indefinitely in two-year increments as long as the business remains active and continues to meet E-2 requirements.
What Types of Small Businesses Qualify?
The E-2 visa allows investment in any bona fide small business that is real, active, and generates income and jobs during the approved period of stay.
Buying an existing business is often more favorable in the visa process than launching a startup. Established businesses offer a customer base, existing revenue, and operational history. All these help meet E-2 requirements faster and lower the chances the visa will be denied.
Franchise businesses are also common among E-2 investors. They offer a structured business model, brand recognition, and support from the franchisor. However, not all franchises qualify—only those where the investor has control and active involvement.
What Buyers Should Know
E-2 buyers must conduct due diligence on both the business and immigration fronts.
In addition to evaluating revenue, assets, and liabilities, buyers must confirm that the business meets E-2 visa requirements, including operational control and qualifying investment levels. Some applicants have closed deals only to discover that the structure or funding falls short for U.S. visas.
Working with a team of advisors early in the process can help. Immigration attorneys can confirm visa eligibility, prepare compliant application packages, and guide applicants through the interview process. Business brokers can help identify listings that meet both commercial and immigration requirements.
Early involvement from these professionals can help avoid costly changes or delays.
What Sellers Should Know
Buyers with E-2 status look for businesses that meet strict visa standards. Positioning your company accordingly can expand your pool of potential buyers. Highlight operational activity, financial stability, and growth potential in your listing. Clear records and a strong customer base often make businesses more attractive to E-2 investors.
Buyers must show that investment funds are committed and the business is active. Providing detailed financial statements, organizational documents, leases, and proof of operations can speed up the visa application process. Delays often happen when sellers can’t supply the required documents.
Timeline is another factor. E-2 deals often have to coordinate closing the deal and visa approval. Sellers who build flexibility into their expectations avoid last-minute complications.
E-2 Visa Frequently Asked Questions
How long does it take to get an E-2 visa after buying a business?
Processing times vary by U.S. consulate, ranging from a few weeks to several months. The timeline can be affected by documentation completeness, interview availability, and whether the business is already operational.
Can E-2 visa holders bring their spouse and children to the U.S.?
Yes. Dependents and family members, such as spouses and unmarried children under 21, may receive derivative E-2 visas. Spouses may apply for employment authorization, while children can go to school, but cannot work.
What’s the main difference between an E-2 visa and an EB-5 visa?
The E-2 is a temporary non-immigrant visa tied to actively managing a business with no direct path to a green card. The EB-5 is an immigrant investor program that grants permanent residency if specific job creation and investment thresholds are met.
Explore E-2 Visa-Friendly Businesses on BizBuySell
Both buyers and sellers benefit from working with professionals who understand how visa requirements affect deal structure and timing. BizBuySell lists thousands of small businesses across the U.S., including many suited for E-2 investors. You can search listings, review financial details, and connect directly with sellers and brokers.
Visit BizBuySell to explore current opportunities and plan your next step.