E-2 Visa Minimum Investment: How Much Is Enough in 2026?

There is no minimum investment for the E-2 visa. The law asks for a “substantial” investment, and the Foreign Affairs Manual tells consular officers to measure it against the total cost of your specific business, with cheaper businesses expected to be funded closer to 100%. In our experience, most viable E-2 businesses start at around $100,000, but the right number depends on the business, not on a published threshold.

If you search for the E-2 minimum you will find figures from $50,000 to $200,000, often presented with confidence. None of them is the law. This guide explains how the substantiality test actually works, what officers count as invested, which money does not count, and what amounts we see in practice for different kinds of businesses.

Is there an official E-2 visa minimum investment?

No. The statute, INA 101(a)(15)(E)(ii), requires that the investor has invested or is actively in the process of investing “a substantial amount of capital.” The regulation at 8 CFR 214.2(e) repeats that standard without setting a figure. The Foreign Affairs Manual, 9 FAM 402.9-6(D), is explicit: no set dollar figure constitutes a minimum amount of investment for E-2 purposes.

Instead, the FAM defines a substantial investment as an amount that is:

1. Substantial in a proportional sense, measured by the proportionality test.
2. Sufficient to ensure the investor’s financial commitment to the successful operation of the business.
3. Of a magnitude that supports the likelihood that the investor will successfully develop and direct the business.

All three parts matter. A case can pass the percentage test and still fail because the money is not enough to run the business described in the plan.

How does the proportionality test work?

The proportionality test weighs the qualifying funds you have invested against the cost of the business. If the two numbers are the same, you have invested 100% of the needed funds, and the FAM says such an investment is substantial. Most cases involve smaller percentages.

The FAM describes the test as an “inverted sliding scale.” The lower the cost of the business, the higher the percentage of investment expected. The more expensive the business, the lower the percentage that can still qualify. There are no bright-line percentages.

The FAM gives two anchor examples:

• An investment of 100% of the cost would normally qualify for a business with a startup cost of $100,000.
• At the other extreme, $10 million invested in a $100 million business may be considered substantial because of the sheer size of the investment.

Between those poles, officers use judgment. The table below shows how we read the sliding scale in practice. These bands are planning ranges from our experience, not legal thresholds.

Total cost of the business	Share officers commonly expect (practice)	Why
Under $150,000	Close to 100%	A partial investment in a cheap business is a small absolute sum
$150,000 to $500,000	About 75% to 100%	Larger sums, but still small enough that full funding is realistic
$500,000 to $3 million	About 50% or more	Absolute amounts are large; partial bank financing is common
Over $3 million	Lower shares can qualify	Magnitude itself shows commitment, as in the FAM’s $10M in $100M example

You can test your own numbers with our E-2 investment calculator, which applies these bands.

What is the “cost of the business”?

The denominator in the test is the cost of the business, and the FAM defines it differently for existing and new businesses.

• Existing business: the cost is generally the purchase price, which is normally its fair market value.
• New business: the cost is what it actually takes to establish the business to the point of being operational. It is usually shown by combining assets already purchased with cost estimates for the remaining assets: invoices, contracts, equipment quotes, appraisals and similar records.

This is why the cost figure must be honest. If you understate the cost to make your percentage look better, the business plan will not show how the business actually opens and runs. If you overstate it, your percentage falls. The FAM notes that the cost depends entirely on the nature of the business: a manufacturer can cost many millions, while a consulting firm may cost relatively little.

What counts as investment, and what does not?

To count, funds must be at risk and irrevocably committed to the business. The FAM states that mere intent to invest, uncommitted money in a bank account, or prospective arrangements without a present commitment will not suffice. You must also be close to starting actual operations, not still scouting locations.

Usually counts	Usually does not count
Purchase price paid for an existing business, or held in escrow released on visa issuance	Money in your personal account, however large
Equipment and inventory bought and on hand	Funds “earmarked” for the business with no binding commitment
Goods or machinery shipped to the U.S. for use in the business	Loans secured by the assets of the E-2 business
Franchise fee paid under a signed franchise agreement	Value of your own time, skills or unpaid labor
Rent and lease payments actually paid (one month, or more if prepaid)	Market value of leased equipment or the unpaid annual rent
Build-out and leasehold improvements paid	Assets you plan to contribute after the visa
Professional, licensing and formation fees paid by the business	Personal visa fees and personal living costs
Marketing, website and initial payroll paid	A business you inherited (inheritance of a business is not an investment)
Intellectual property with a reasonably determinable value	Passive assets such as undeveloped land or stocks held without directing an enterprise
Working capital in the business account, in reasonable proportion to the plan	Large idle balances far above what the plan needs

Two details from 9 FAM 402.9-6(B) trip up many applicants. First, lease and rent payments count only to the extent actually paid, generally one month unless you prepaid more. Second, the market value of leased equipment is not an investment at all.

Working capital is a gray zone. Officers accept a reasonable amount of operating cash as part of the investment when the plan shows why it is needed for the opening months. A business account holding most of the “investment” as cash is weak evidence. As a conservative planning assumption, our calculator credits uncommitted cash only up to 25% of the business cost.

Can funds in escrow count?

Yes. The FAM says a purchase conditioned on visa issuance can still be an irrevocable investment if the funds are held in escrow for release once the condition is met. This structure is standard in acquisitions: you sign the purchase agreement, place the funds with an escrow agent, and the money is released to the seller when the visa is issued or returned to you if it is refused.

The key point is that you must have signed an agreement and committed funds. An escrow for a business you have not yet chosen, or a letter of intent without a binding contract, does not meet the standard. Our business acquisition advisory team structures purchase agreements and escrow terms with this rule in mind, and your attorney reviews them before filing.

Can I use a loan for my E-2 investment?

Yes, with one firm limit. The FAM states that debt secured by the assets of the business, such as a mortgage or commercial loan collateralized by the enterprise, cannot count, even if some personal assets are also pledged. The funds are not at risk for you.

Debt that can count:

• A second mortgage or home equity loan on your own property.
• An unsecured personal loan on your signature.
• A loan from a relative, documented with a promissory note, where you are personally liable.

Seller financing secured by the business you are buying does not count toward your investment. It can still be part of the deal, but your own equity must be substantial on its own. See E-2 source of funds rules for how to document borrowed money.

How much do E-2 investors typically invest by business type?

The table shows typical ranges from our practice for new and acquired businesses in 2026. They are not legal requirements and they vary by city, lease terms and business model. For worked scenarios with full numbers, see E-2 visa investment examples.

Business type	Typical total cost (practice)	Typical qualifying investment
Consulting or professional services firm	$80,000 to $150,000	90% to 100% of cost
E-commerce with inventory and U.S. operations	$90,000 to $180,000	90% to 100% of cost
Residential or commercial cleaning	$90,000 to $160,000	90% to 100% of cost
Home-service franchise (trades, restoration, care)	$120,000 to $250,000	80% to 100% of cost
Cafe, bakery or small restaurant	$200,000 to $450,000	75% to 100% of cost
Trucking or logistics, 2 to 4 trucks	$250,000 to $500,000	75% or more, excluding truck loans
Acquisition of an operating service business	$250,000 to $1.5 million	50% to 100% of price, plus working capital

Notice that the practical floor in most rows is around $100,000. Below that, cases succeed mainly when the business is inherently cheap to start and the plan credibly shows hiring and growth. Our guide to E-2 business ideas by budget maps business types to each budget tier.

Why do small investments fail even when they are 100% of cost?

A $60,000 investment in a $60,000 business is fully proportional. It still often fails, and the reason is a separate requirement: the business must not be marginal. Under 9 FAM 402.9-6(E), a marginal business lacks the present or future capacity to generate more than a minimal living for the investor and family. A business that will make a significant economic contribution, usually through U.S. hiring, is not marginal, and that capacity should generally be realizable within five years of starting operations.

A one-person operation funded with $60,000 rarely makes that case. When clients come to us with budgets under $100,000, the conversation is usually about how to structure the business so that revenue and hiring projections are credible, not about the investment figure itself. Read more on the full E-2 visa requirements.

Does the source of the money matter?

Yes, as much as the amount. You must show that the funds come from a lawful source and trace the path from that source to the business account: salary and tax records, sale of property, sale of a company, gifts, inheritance or personal loans. The FAM allows any lawful source and lets officers request whatever documentation they need. Our source of funds guide lists the documents for each type of source.

How should I choose my investment amount?

Pick the business first, price it honestly, and let the investment follow. If you have $150,000, we usually look at businesses that cost $110,000 to $130,000 to launch, so the investment is clearly proportional and there is cash left for operations. If you have $400,000 or more, buying an operating business with existing employees is often a strong case, because real revenue and payroll answer the marginality question.

Also budget for the costs around the investment: government fees, attorney fees and the business plan. Our E-2 visa cost breakdown lists them.

Next steps

Run your numbers through the E-2 investment calculator to see where you sit on the sliding scale. If you want a candid view of whether your budget fits a particular business, request a consultation. We build and document the business and the investment trail; your independent immigration attorney prepares and files the visa application.