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E-2 Investor Visa Myths That Could Cost You Your Application

Published on
September 24, 2025
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At Brudner Law, we work with investors every day who are excited about the opportunities the E-2 visa offers. Unfortunately, many applicants start the process with misconceptions that can put their application and their investment at risk. Our goal is to clear up those myths so you know exactly what to expect, and so we can guide you toward a stronger, more successful application.

Learn more about our business immigration services.

Myth 1: You Only Need a Small Investment

One of the biggest myths we hear is that a few thousand dollars is enough to qualify for an E-2 visa. The truth is that the investment must be substantial, relative to the type of business. We help clients show USCIS that the business has enough funding to succeed. 

For some service-based businesses, that might mean a lower threshold, but for capital-intensive businesses, it could mean much more. There is no set dollar amount, which is why professional guidance is so important.

Myth 2: Passive Investments Qualify

We’ve had clients ask if buying real estate or investing in stocks counts toward an E-2. The answer is no. USCIS requires an active business that generates jobs and economic activity. That means you need to show day-to-day involvement and risk in the business. Our team helps structure investments in a way that demonstrates genuine engagement.

Myth 3: You Can Run the Business From Afar

An E-2 visa is for investors who are personally directing and developing their business. You can’t simply hire a manager and remain hands-off. We coach clients to prepare a business plan that highlights their active role and future growth strategy, so USCIS sees them as essential to the business.

See our full list of immigration services.

Myth 4: Any Nationality Can Apply

We sometimes meet investors who don’t realize that the E-2 is based on treaty countries. Only nationals from countries that have signed a treaty with the U.S. are eligible. For those who don’t qualify, we guide them toward other visa options that might fit their circumstances, such as the EB-5 or L-1.

See the official list of E-2 treaty countries from the U.S. State Department

Myth 5: It’s Just About Money

While investment size is important, USCIS also looks for:

  • A credible business plan with detailed financial projections
  • Evidence of job creation or economic benefit
  • The investor’s qualifications to run the business

We work closely with clients to make sure their application highlights all these factors, not just their bank statements.

How We Strengthen E-2 Applications

Our approach is hands-on. We help clients:

  • Build strong, detailed business plans that meet USCIS expectations
  • Document every source of investment funds
  • Prepare evidence that the business is ready to operate on Day 1
  • Anticipate and address USCIS questions before they arise

Questions We Hear About E-2 Visas

Can I bring my family? 

Yes, spouses and children under 21 can join you. Spouses can also apply for work authorization.

How long does the visa last? 

E-2 visas are typically issued for 2–5 years, depending on your nationality, and can be renewed as long as the business is active.

Can this lead to a green card? 

No, the E-2 is a non-immigrant visa. However, we often help clients plan for future green card options.

Conclusion: Don’t Let Myths Derail Your Plans

The E-2 visa can be a powerful pathway for investors, but only if it’s approached with the right strategy and the right information. 

At Brudner Law, we’ve seen how misinformation derails good applications, and we know how to position your business for success. If you’re considering the E-2 visa, let us help you move forward with clarity and confidence.

Schedule a consultation with us today

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