Buying a U.S. Business to Qualify for an E-2 Visa

Acquisition or Creation: Two Different Approaches

Specificities of Acquiring an Existing Business

Purchasing an operational business presents unique characteristics for your E-2 visa application. You inherit a verifiable financial history, an established customer base, and already-functioning operational processes. U.S. authorities can rely on documented past revenues to assess the economic viability of your investment.

An existing business typically generates revenue quickly, which can make it easier to demonstrate the substantial economic impact required. However, this option also involves thorough due diligence and the analysis of potential liabilities. Each case requires a personalized evaluation based on your objectives and profile.

Key Criteria for a Business Eligible for the E-2 Visa

Assessing Financial Viability

Target a business with at least two years of positive financial history. Tax returns, balance sheets, and bank statements must show consistent profitability. Be cautious of declining businesses or those with recurring losses, even if the purchase price seems attractive.

The investment amount also matters. Although there is no legal minimum, in practice an investment of $100,000 to $150,000 is recommended to strengthen your application. A lower amount may suggest a marginal enterprise.

Job Creation Potential

U.S. immigration authorities evaluate your ability to employ American workers. Favor businesses that already employ several people or have a model that allows for workforce expansion. A single-person business or one requiring only your personal labor risks being denied.

The Role of the Business Broker in Your Search

A business broker acts as a specialized intermediary between business sellers and buyers, helping identify opportunities that match your financial and industry criteria while negotiating transaction terms.

They assist your search by identifying businesses potentially eligible for the E-2 visa. An experienced broker verifies actual financial strength and detects warning signs: pending litigation, problematic leases, or overreliance on a single client.

They also coordinate thorough due diligence by involving the necessary experts and understand true market value to avoid artificially inflated prices, protecting your investment from overvaluation and hidden liabilities.

Pitfalls to Avoid When Acquiring a Business

High-Risk Businesses for the E-2 Visa

Some sectors pose particular challenges. Highly seasonal businesses, franchises with excessive royalties cutting into profitability, or companies dependent on a single contract present a higher risk of denial.

Be cautious of non-transparent sellers who refuse to provide complete documentation. U.S. authorities will require detailed proof of your acquisition and the legitimacy of invested funds.

Legal Structuring of the Purchase

How you structure the acquisition directly impacts your visa application. Favor an asset purchase rather than a stock purchase to limit inherited liabilities. Your immigration attorney should work closely with your business attorney to optimize this structure.

Timeline and Coordination of the Process

Synchronizing the Acquisition and the Visa Application

Never finalize the purchase before consulting with an immigration attorney. Timing is crucial: you must demonstrate that the investment is “substantial” and “at risk,” meaning funds must already be committed or in the process of being committed at the time of the application.

Allow four to six months between identifying the business and submitting your visa application, ideally with the support of an experienced broker. This timeframe allows for due diligence, preparation of the required business plan, and assembly of a complete application.

Legal Support: The Key to Success

The Immigration Attorney, the Conductor of Your Project

Your immigration attorney should be involved even before you sign a letter of intent. Their role goes far beyond preparing the visa application: they assess whether the targeted business meets USCIS requirements and identify potential weaknesses that could lead to a denial.

The attorney analyzes the optimal ownership structure, determines the appropriate investment amount for your specific situation, and ensures that all purchase documentation meets immigration expectations. They anticipate the consular officer’s questions and prepare strategic responses.

Coordination With Other Professionals

Your immigration attorney coordinates the entire team: business attorney, accountant, broker. They ensure every aspect of the transaction is documented according to USCIS standards. For example, they verify that wire transfers include required references and that purchase agreements contain clauses proving your active engagement in managing the business.

Preparing the Business Plan and the Application

The attorney oversees the creation of the business plan—a central document in your application. This plan must demonstrate economic viability, job creation potential, and your active executive role. They also compile all financial evidence, corporate documents, and personal records.

In case of difficulties during the consular interview or if additional evidence (RFE) is requested, your attorney prepares legally sound responses that can save your application.

Conclusion: An Investment That Requires Preparation

Buying a business for an E-2 visa is an exceptional opportunity but requires meticulous preparation. The coordinated expertise of an immigration attorney—starting from the earliest stages of your search—transforms a complex project into a structured and secure process. Never consider legal fees as an expense, but as the most profitable investment in your project: the one that protects your capital and maximizes your chances of obtaining your E-2 visa on the first attempt.