E-2 Visa in 2026: How Much to Invest to Start a Business in the U.S.

The E-2 visa remains the fastest path for foreign investors who want to run their own business in the United States without joining the Green Card queue. In 2023, the State Department issued approximately 54,000 E-2 visas — a historic record since the category was created — reflecting the surge in international entrepreneurship in the post-pandemic era. The figure cements the E-2 as a practical mobility tool for those who combine personal capital with a hands-on approach to running day-to-day operations.

The point that creates the most confusion is how much to invest. The law sets no floor, but the State Department’s Foreign Affairs Manual and consular practice at posts in Brazil have established fairly objective parameters. This guide explains how the investment is evaluated in 2026, by sector range, and what separates an approved application from a denial.

What Is the E-2 Visa

The E-2 is a nonimmigrant visa created by the Immigration and Nationality Act (INA §101(a)(15)(E)(ii)) for nationals of countries that have a treaty of commerce and navigation with the United States. Brazil is not on the E-2 treaty country list, so Brazilian investors must first acquire citizenship from a qualifying country such as Portugal, Spain, Italy, the United Kingdom, Grenada, or Turkey. That is the decisive step — without an E-2-eligible passport, there is no application to discuss.

Once status is granted, the investor may remain as long as the business operates regularly, with renewals typically of up to two years per entry. The spouse and unmarried children under 21 receive derivative E-2 status; the spouse has automatic work authorization (a 2022 DHS regulation eliminated the requirement to present the EAD as evidence of employment), while children may study without an F-1 visa.

The Substantial Investment Standard

The Foreign Affairs Manual (9 FAM 402.9) requires the investment to be substantial — a relative concept: the amount must be proportional to the total cost of acquiring or setting up the business. The so-called proportionality test applies: the lower the startup cost, the higher the percentage of committed funds must be, potentially reaching 100% for low-capital businesses.

Another critical requirement is that the investment be at risk — actually committed and subject to partial or total loss if the business fails. Funds sitting in a U.S. bank account without a specific destination (suppliers, equipment, rent, payroll, or inventory) do not qualify. This is why most approved applications include detailed wire transfer records and already-executed contracts.

Practical Ranges by Sector

Although the law sets no minimum, consular history has established reasonable ranges by business type. Use them as a reference, not as an absolute rule.

Restaurants and Franchises

Operations that rely on commercial space, equipment, and staff generally require a total investment between $200,000 and $500,000, and may exceed $1 million for premium franchises or high-cost cities such as New York and Miami. Build-out costs, franchise fees, working capital for the first twelve months, and a marketing fund are all factored into the calculation.

Retail and Physical Commerce

Convenience stores, grocery markets, and boutiques typically close with an investment between $150,000 and $300,000, factoring in initial inventory, commercial security deposits, renovations, and payroll. Acquiring an existing business with demonstrated cash flow is a common path in this range.

Professional Services and Consulting

Consulting firms, agencies, and B2B service providers can qualify for the E-2 with as little as $80,000 to $150,000, as long as the plan outlines hiring local staff, software, office space, and paid marketing. Lower investments are possible, but the consulate tends to apply the proportionality test more strictly.

Technology and Digital Models

Software startups, e-commerce, and digital operations scale with less fixed capital, and there is a track record of approvals in the $75,000 to $200,000 range. The sensitive point is proving that the business will create U.S. jobs within a reasonable timeframe — generally three to five years — and will not remain a solo operation. The marginal enterprise rule under 9 FAM 402.9-6 disqualifies businesses that merely sustain the investor and their family.

Official Fees in 2026

Applicants at the consulate pay the MRV fee of $315, in effect since June 2023, plus the reciprocity fee where applicable. Investors already in the United States under another status who wish to change to E-2 through USCIS file Form I-129 with a fee of $1,015 ($510 for small employers), per the fee schedule in effect since April 2024. Premium processing for the I-129 is available for E-2 at $2,805, with a decision within 15 business days.

Documents That Support the Case

A strong E-2 package combines three blocks. The first is source and path of funds: tax returns, real estate sales, dividends, inheritance, or financing, always with a banking trail leading to the U.S. business account. The second is a five-year business plan with financial projections, market analysis, organizational structure, and a hiring timeline; consulates read the full document and demand internal consistency. The third is proof of actual operations: a lease agreement, local business licenses, supplier contracts, EIN, state Secretary of State registration, a corporate bank account, and ideally early sales or letters of intent.

Mistakes That Sink the Application

The most common denials occur for three reasons. The first is insufficient investment relative to the business cost — buying a franchise that requires $400,000 having committed only $120,000 will rarely pass the proportionality test. The second is the marginal character of the enterprise: plans without a realistic timeline for creating U.S. jobs fall under the 9 FAM 402.9-6 restriction. The third is uncommitted capital — funds deposited in a U.S. account without a specific destination do not satisfy the at risk requirement.

Renewals and the Path to a Green Card

The E-2 can be renewed indefinitely as long as the business continues to operate and the investor maintains intent to return to their home country at the end of status. There is no limit on extensions, and many investors remain on E-2 status for decades. Those seeking permanent residency typically transition to the EB-5, which requires a minimum investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 outside one, or to the EB-2 NIW when the professional profile allows.

Building a strong E-2 application goes well beyond wiring money to a U.S. account. It is an exercise in proof: proof of source of funds, proof of actual operations, proof of economic viability, and proof that the investor will be actively managing the business. Those who approach the process with that discipline tend to turn the E-2 into a stable operating platform in the United States — with the flexibility to maintain an international lifestyle and, if desired, plan a future transition to an immigrant category.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.