Does the E-2 require the business to already be up and running?

No, the E-2 does not require the business to be fully operational or profitable at the time of the application. What the category requires is that the investment be committed to a real and active enterprise, not merely an idea still on paper.

In practice, the project must go beyond a theoretical plan and show that it is ready to operate, or very close to it, in a concrete and structured way. Even at an early stage, applicants are expected to demonstrate:

• A solid business plan with the capacity to generate revenue.
• Adequate management and a clear path to operations.
• That the business is genuine and viable, not merely a formality.

Authorities commonly assess whether the enterprise represents an operational company. For this reason, documents such as a detailed business plan, contracts, proof of investments already made, and concrete steps already underway help confirm that the project is moving forward.

Because every case has its own specifics, it is worth reviewing the current requirements with USCIS and preparing your documentation with the support of a trusted professional.

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.