E-2 Visa Eligibility Checker: Do You Qualify?

You are likely eligible for an E-2 visa if you hold citizenship of a treaty country, will own at least 50% of a real, operating U.S. business, invest an amount that is substantial relative to its cost, can document where the money came from, and can show the business will grow beyond supporting only your family. The checker above tests each of these points against the criteria in the Foreign Affairs Manual, 9 FAM 402.9, and shows which ones are already met and which need work.

This page explains how to read your result, what each check means, and what to do next.

How to read your result

After you submit, the checker gives an overall verdict and a list of individual checks, each marked as met, needing attention, or not met.

Verdict	What it means	What to do
Likely a good E-2 fit	Every check is met based on your answers	Choose and structure the business, then prepare evidence
Possibly eligible, with points to resolve	No check failed, but one or more need attention	Fix each flagged point before you invest or file
Not eligible as things stand	At least one requirement is not met	Read the linked page for that requirement to see if it can be solved

A “not eligible” result is not always final. A failed ownership check can often be fixed by restructuring, and a failed business type check by choosing an active business instead of a passive one. A failed nationality check is the hardest to change, because it depends on your citizenship.

What the checker tests

The eight questions feed seven checks. Each one corresponds to a legal element of the E-2 visa, explained in full on our E-2 visa requirements page.

Treaty nationality

Question 1 asks for your citizenship. The E-2 is only available to citizens of countries on the treaty list in 9 FAM 402.9-10. Residence does not count. If you hold two passports, choose the treaty one. If your country has an E-1 trade treaty only (Brunei, Greece) or no treaty at all, the check fails. See the E-2 treaty countries list or, if your country is not on it, E-2 options for non-treaty countries.

Citizenship by investment

Question 2 asks how you obtained your citizenship. Since December 23, 2022, a person who acquired treaty nationality through a financial investment, and who was not previously in E status, must have been domiciled in that country for at least three continuous years before applying. If you have lived there less than three years, this check fails until you meet the requirement. Read more in E-2 through Grenada citizenship.

Substantial investment

Questions 3 and 4 compare the amount you can invest with the total cost of the business. This is the proportionality test in 9 FAM 402.9-6(D): the cheaper the business, the larger the share of its cost you are expected to fund. There is no legal minimum, so the checker uses rules of thumb from our practice rather than legal thresholds:

• For businesses costing under $150,000, it expects close to 100% of the cost.
• Between $150,000 and $500,000, it flags investments below about 75% of the cost.
• Above $500,000, it flags investments below about half of the cost.
• Any investment under $100,000 gets a note, because marginality is examined closely at that level.

For a more detailed calculation that includes working capital and committed funds, use the E-2 investment calculator and read E-2 minimum investment.

Ownership and control

Question 5 asks for your ownership share. You must be able to develop and direct the business, normally through at least 50% ownership. Exactly 50% with one other owner gives “negative control,” which qualifies but is flagged so you check the governing documents. Below 50%, you usually cannot qualify as the investor, though you may qualify as an E-2 manager or essential employee of a treaty-owned company. See E-2 ownership rules.

Real, operating enterprise

Question 6 asks what kind of business you plan. The enterprise must actively produce goods or services for profit. Rental property, land or a stock portfolio held for appreciation are passive and fail this check. “Not decided yet” is flagged because the whole case is built around the business. Our guide to the best businesses for an E-2 visa is a good starting point.

Lawful source of funds

Question 7 asks whether you can document where the money came from. Officers trace funds from their origin to the U.S. business account. Savings, property sales, gifts, inheritance and personal loans all work if documented. Partial or missing records are flagged because gaps are a frequent cause of refusals. See E-2 source of funds.

Not marginal

Question 8 asks whether the business can earn more than a minimal living for your family, or hire U.S. workers, within five years. A business that only supports the investor is marginal and does not qualify. “Not sure yet” is flagged, because this point is usually proven through the business plan’s projections and hiring schedule. See E-2 business plan requirements.

What the checker does not cover

A few elements depend on facts that a short questionnaire cannot assess:

• Whether your funds are irrevocably committed at the time of filing, not just available.
• Whether the business is close enough to operating.
• Your intent to depart the U.S. when E-2 status ends.
• Security, criminal or prior immigration issues, which your attorney should review.

These are covered in the E-2 document checklist.

Next steps

If your result is “likely a good fit,” the next step is choosing the business and building the evidence; our E-2 business plan service covers the plan and the use-of-funds story. If you got flags or a “not eligible” result, book a consultation and we will go through each point with you and tell you plainly whether it can be solved.