Can the E-2 be denied if the business is very small?

The E-2 visa requires that the investment be substantial and that the business be operational, meaning it has the potential to generate income and, in many cases, create employment opportunities. One of the points evaluated is precisely the viability and ‘substantiality’ of the enterprise, that is, if it has the capacity to promote positive and sustainable economic impacts.

Although the size of the business by itself is not the sole factor for approval, if the operation is considered too small or marginal – where the investment does not generate sufficient returns beyond what is minimally necessary for the investor and their family – this characteristic may raise doubts about the long-term viability of the enterprise.

In other words, if the business shows that it is designed only to meet personal needs without significantly contributing to the economy or creating jobs, the E-2 visa can indeed face greater obstacles during the evaluation.

It is important to highlight that the E-2 evaluation process generally considers the totality of the project, including the amount invested, the business growth plans, and how it integrates into the local economy. Thus, even a smaller business can be considered if there is a well-defined strategy demonstrating potential for expansion and economic contribution.

It is always essential to strictly follow United States immigration laws and seek information through reliable sources. Be wary of offers and marketing campaigns that promise guaranteed results in the process, as the evaluation is conducted on a case-by-case basis and requires the submission of detailed documents and plans.

Additionally, having the support of specialists in the field – in order to obtain a well-founded opinion – can be very useful to guide the next steps.

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.