E-2 visa: invest in a franchise and run it from the U.S.
The E-2 is a nonimmigrant visa for nationals of countries with a treaty of commerce with the United States who invest substantial capital in a real business and direct it.
General requirements
- Nationality of a treaty country: for example Mexico, Colombia, Argentina, Chile, Costa Rica, Ecuador, Honduras, Panama, Paraguay or Bolivia. Some countries, such as Brazil or Venezuela, do not have an E-2 treaty.
- Substantial investment: there is no fixed minimum; it must be proportional to the cost of the business and sufficient to operate it.
- Committed and at-risk funds: the capital must be invested or irrevocably committed.
- Real, non-marginal business: it must generate more than enough to support the investor and family, or have an economic impact.
- Control: the investor must own at least 50% or have operational control.
- Intent to depart: when E-2 status ends.
Official sources: USCIS – E-2 Treaty Investors · U.S. Department of State – Treaty Trader and Investor Visas
Why the E-2 pairs well with franchises
A franchise provides a business plan, projections and support that help show the business is real and viable.
Documented model
The FDD and agreement provide evidence of the investment and how the business works.
Identifiable investment
Item 7 clearly shows where the capital goes.
Jobs
Many models include hiring staff from the start.
General stages
Choose the franchise
One that fits your profile, budget and immigration strategy.
Form the company
Usually a U.S. entity controlled by the investor.
Invest the funds
Documenting their source and their use in the business.
Business plan
Revenue and hiring projections.
Application
At the consulate or, in some cases, with USCIS.
Interview and renewals
The E-2 can be renewed as long as the business keeps operating.
Spouse and children
The spouse and unmarried children under 21 may accompany the investor in dependent E-2 status. Children may attend school in the U.S., and the spouse is generally authorized to work.
The E-2 visa and franchises: what you should know
The E-2 visa is a nonimmigrant visa for nationals of countries that maintain a treaty of commerce and navigation with the United States. It allows them to enter and stay in the country to develop and direct a business in which they have invested, or are actively investing, substantial capital. A franchise can be that business, as long as the investment is real, at risk and the business is not marginal.
The E-2 does not lead to permanent residence by itself, but it can be renewed while the business keeps operating and the requirements are met. The spouse and unmarried children under 21 may accompany the investor in the same classification. Each case is evaluated individually and the decision belongs to the Department of State or USCIS: no broker or franchisor can guarantee the approval of a visa.
Before signing, review the Franchise Disclosure Document (FDD) required by the FTC Franchise Rule, confirm the lawful source of your funds and validate the immigration strategy with an immigration attorney. An FBA certified franchise broker helps you compare brands and models according to your budget and profile, and prepare the right questions for the franchisor.
Sources consulted
Data checked in October 2026. Rules and requirements may change: always confirm current information with the official sources.
The E-2 visa in brief: what USCIS requires
Treaty nationality
To qualify for an E-2 visa you must be a national of a country with which the United States maintains a treaty of commerce and navigation. The U.S. Department of State publishes the list of treaty countries.
Substantial investment
USCIS asks for a substantial amount of capital invested, or actively being invested, in a bona fide enterprise. There is no fixed minimum amount in the rules; whether an investment is substantial is assessed case by case in relation to the total cost of the business.
Ownership and control
The investor must show at least 50% ownership of the enterprise or operational control through a managerial position, and must be coming to the United States to develop and direct the business.
Not a marginal business
The enterprise may not be marginal. According to USCIS, it must have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family.
Period of stay and family
USCIS allows a maximum initial stay of two years, with extensions in increments of up to two years and no limit on the number of extensions. Spouses and unmarried children under 21 may accompany the investor, and their nationality does not need to be the same.
The E-2 visa and financing
Since March 1, 2026, SBA 7(a) and 504 loans are not available to visa holders, so the funds for an E-2 investment usually come from the investor’s own capital. This is general information: approval of an E-2 visa is never guaranteed, and each case should be reviewed with an immigration attorney.
Sources: USCIS, E-2 Treaty Investors · U.S. Department of State, Treaty Trader and Treaty Investor visas · SBA
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