E-2 Visa Investment Amount: What Is Substantial?

How much do you need to invest for an E-2 visa? The regulation sets no fixed minimum, and uses a proportional test. What counts as at-risk capital and what makes an enterprise marginal.

Page reviewed October 17, 2026.

What it is

The E-2 regulation sets no fixed minimum investment.

The amount has to be substantial in proportion to the total cost of buying or starting the business, enough to ensure the investor's commitment and to support the likelihood that they will develop and direct it. The lower the cost of the business, the higher the proportion must be. The capital must be at risk, under the investor's control, lawfully obtained and irrevocably committed.

The proportional test

  • Substantial in relationship to the total cost of purchasing an established business or establishing a new one.
  • Sufficient to ensure the investor's financial commitment to the successful operation of the enterprise.
  • Of a magnitude to support the likelihood that the investor will successfully develop and direct the enterprise.
  • The lower the cost of the business, the higher the proportion of it the investment must be.

What counts as an investment

  • Capital, including funds and other assets, placed at risk in the commercial sense with the objective of generating a profit.
  • Capital that the investor possesses and controls, and that is not obtained directly or indirectly through criminal activity.
  • Capital subject to partial or total loss if the investment fortunes reverse.
  • The investor's unsecured personal business capital, or capital secured by personal assets.
  • Capital irrevocably committed to the enterprise, which the applicant has the burden of showing. Placing funds in escrow pending approval is one legal mechanism for that.

A marginal enterprise does not qualify

A marginal enterprise cannot generate more than enough income for a minimal living for the investor and their family. A new business can still qualify if it should be able to generate more than that within five years of the start of E-2 classification.

Related guides

Pricing

E-1 and E-2 pricing

$10,000

flat fee, any visa

What the fee includes

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  • If USCIS denies a petition Lando filed, Lando refunds its fee. Terms apply.

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Why Lando

How Lando compares

A plain comparison with the way immigration petitions are commonly handled. Terms vary by firm, so check any provider's terms before you hire.

  • Price

    Lando$10,000 flat fee per visa, published on the visa pages.

    Commonly elsewhereOften billed hourly or by stage, so the total can change as the case grows.

  • Request for Evidence

    LandoResponses are included at no extra cost.

    Commonly elsewhereSometimes charged separately. Ask before you hire.

  • If USCIS denies

    LandoLando refunds its fee for a petition it filed. Terms apply.

    Commonly elsewhereNot always offered. Ask what is refunded.

  • Retainer

    LandoNo retainer to begin, and no surprise invoices later.

    Commonly elsewhereA retainer paid up front is common.

  • Who does the work

    LandoOne team from first call to decision. Petitions are prepared in coordination with licensed U.S. immigration attorneys.

    Commonly elsewhereVaries. Ask who will work on your file.

  • Languages

    LandoCase updates in English, French, Spanish or Portuguese.

    Commonly elsewhereVaries by firm.

  • Legal advice

    LandoLando is not a law firm and does not provide legal advice.

    Commonly elsewhereA law firm can give you legal advice and represent you directly.

General comparison, not a statement about any named firm. USCIS fees are separate and are paid directly to USCIS. No one can promise a USCIS decision.

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From first call to filed petition

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  2. 2. Strategy

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  3. 3. Preparation

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Common questions

What is the minimum investment for an E-2?

The regulation sets no fixed dollar minimum. The investment has to be substantial in proportion to the cost of the business.

Can I borrow the money?

The capital must be the investor's unsecured personal business capital or capital secured by personal assets, and it must be at risk and irrevocably committed. How a particular financing arrangement is treated is a question for a licensed immigration attorney.

What does irrevocably committed mean?

The capital has been, or is in the process of being, committed to the enterprise so that it cannot simply be withdrawn. The applicant has the burden of showing that, and escrow pending approval is one legal mechanism.

Does the money have to come from lawful sources?

Yes. The regulation excludes funds obtained directly or indirectly through criminal activity.

Can a home-based or tiny business qualify?

A marginal enterprise that only provides a minimal living does not qualify. A new business may qualify if it can exceed that within five years.

Is Lando a law firm?

No. Lando is not a law firm and does not provide legal advice. Petitions are prepared in coordination with licensed U.S. immigration attorneys. For advice about your own situation, speak to a licensed immigration attorney.

Sources

Lando is not a law firm and does not provide legal advice. Petitions are prepared in coordination with licensed U.S. immigration attorneys.