E-2 Visa Requirements: There Is No Minimum Investment
The E-2 treaty investor visa has no minimum investment amount, and in fiscal year 2024 the U.S. Department of State issued 55,324 E-2 visas and left 6,108 appli
By Buying America Editorial · Tue Aug 18 2026 · Visas & Immigration
The E-2 treaty investor visa has no minimum investment amount, and in fiscal year 2024 the U.S. Department of State issued 55,324 E-2 visas and left 6,108 applications in refused status. What the rule actually asks for is proportion, not a dollar figure — and that distinction decides more cases than any number circulating online.
This is what U.S. Citizenship and Immigration Services and 8 CFR 214.2(e) actually require, written for a Canadian or other treaty-country national weighing whether to buy or start a business in the United States.
Who can apply at all
The first requirement is nationality. The investor must be a national of a country with which the United States maintains a treaty of commerce and navigation. Canada is a treaty country, and so is Mexico. Your corporate structure does not change this: the nationality that matters is yours, and, for a company, that of the people who own at least 50 % of it.
The investor must also be seeking to enter the United States solely to develop and direct the investment enterprise. USCIS says that is established by showing at least 50 % ownership of the enterprise, or possession of operational control through a managerial position or other corporate device.
What "substantial" means when there is no minimum
USCIS defines a substantial amount of capital by three conditions, none of which is a number. It must be:
- substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one;
- sufficient to ensure the investor's financial commitment to the successful operation of the enterprise; and
- of a magnitude to support the likelihood that the investor will successfully develop and direct the enterprise.
Then comes the sentence that decides cases: the lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. A business that costs 90,000 dollars to open needs a far higher percentage of that cost committed than a business that costs three million. Two applicants writing the same cheque can land in different places, because the denominator is different.
This is why the "you need 100,000 dollars" rule of thumb is not a rule at all. It appears in no statute and no USCIS page.
The money has to be at risk, not merely available
USCIS defines the investment as the placing of capital — funds and/or other assets — at risk in the commercial sense, with the objective of generating a profit, and states that the capital must be subject to partial or total loss if the investment fails. The investor must also show the funds were not obtained, directly or indirectly, from criminal activity. That definition sits in 8 CFR 214.2(e)(12).
For a Canadian buyer, this is often the practical gap. Money parked in a U.S. business bank account is available capital, not capital at risk. Equipment purchased, a lease signed, inventory paid for, a franchise fee committed — those are irrevocably committed in a way a bank balance is not.
The enterprise has to be real, and it cannot be marginal
A bona fide enterprise, in the USCIS definition, is a real, active and operating commercial or entrepreneurial undertaking that produces services or goods for profit, and it must meet the legal requirements for doing business in its jurisdiction. A registered company that does not trade is not that.
Separately, the enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family. There is a documented allowance for new businesses: depending on the facts, a new enterprise might not be marginal even if it lacks current capacity, provided it has the capacity to generate that income within five years from the date the investor's E-2 classification begins. That is 8 CFR 214.2(e)(15).
A business that will comfortably support one family and nothing more is exactly what this requirement is aimed at.
What the numbers say, and what they do not
In fiscal year 2024 the State Department's Worldwide NIV Workload by Visa Category reports 55,324 E-2 visas issued and 6,108 applications refused out of 61,432, an issuance rate of 90.1 %. The E-1 treaty trader visa shows 5,639 issued and 502 refused out of 6,141, or 91.8 %.
Read the footnote before quoting the number. The document states that the refused totals reflect applications that remained in a refused status at the end of the reporting period — a snapshot at fiscal year end, not a final verdict on a person. A case can be overcome afterward and still sit in that column.
Two doors also get confused constantly. USCIS approves a change of status inside the United States; a consulate issues the visa outside it. They are counted separately, and the figures above are consular issuance.
Frequently asked questions
Is there a minimum investment for the E-2?
No. Neither the statute nor USCIS sets a dollar figure. The test is proportional: substantial relative to the total cost of buying or establishing that specific business.
Does Canada qualify as a treaty country?
Yes. Canada and Mexico both maintain the treaty relationship the E-2 requires. The nationality test applies to the investor and, for a company, to owners of at least 50 %.
Can I keep the funds in the company account until the visa is decided?
The regulation requires capital at risk in the commercial sense and subject to partial or total loss. Unspent, uncommitted funds do not meet that description. How that applies to a specific plan is a question for a licensed U.S. immigration attorney.
Does a business that supports my family qualify?
That is the definition of a marginal enterprise, which does not qualify. For a new business, the route the regulation contemplates is showing capacity to generate more than a minimal living within five years of the E-2 classification beginning.
---
This article is educational information, not immigration, legal or tax advice. It does not promise a visa, an approval, a processing time or any outcome. Consult a licensed U.S. immigration attorney before acting.
Primary sources: USCIS, E-2 Treaty Investors; 8 CFR 214.2(e); U.S. Department of State, Worldwide NIV Workload by Visa Category, FY 2024. Spanish edition of this analysis on Comprando América: ¿Cuánto se necesita para la visa E-2?.
Image: strip-mall storefront in Terrytown, Louisiana, by Infrogmation of New Orleans, via Wikimedia Commons, CC BY-SA 4.0.