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Do I need to set up a company in the U.S. for the E-2?

The E-2 requires capital invested in a real and active business in the U.S., which generally involves opening or buying a company. Learn why idle funds alone are not enough.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 22, 2026
1 min read
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In most cases, yes. The E-2 visa requires a committed investment in a real and active business in the United States, which in practice generally means creating a new company or acquiring an existing one.

The key point is that the capital must actually be deployed in a concrete commercial operation. Having funds simply sitting in a bank account, without being invested in an operating business, typically does not meet the requirements of this category.

  • The investment must be committed and at risk in an active business.
  • Creating or purchasing a company is usually the step that makes the E-2 viable.
  • The business must be legitimate and contribute to the U.S. economy.

Because the ideal structure varies case by case, it is worth checking the updated requirements on the official sources (USCIS and Department of State) and designing the investment with a specialist before filing.

Learn more about E-2

Type
Non-immigrant
Initial validity
2-5 years
Extension
Unlimited (2 years each)
Processing
1-4 months
All about E-2

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

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Do I need to set up a company in the U.S. for the E-2?

The E-2 requires capital invested in a real and active business in the U.S., which generally involves opening or buying a company. Learn why idle funds alone are not enough.

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