If your E-2 visa was denied because the investment wasn’t considered “substantial” or the business was labeled a “marginal enterprise,” you’re not alone and we’ve successfully helped many clients in this exact situation obtain approvals. These are among the most common reasons for E-2 visa refusals, often stemming from concerns about the scale or economic impact of the business. However, many of these denials can be reversed by presenting a stronger legal strategy, detailed financial documentation, and a clear plan that demonstrates the business’s ability to support more than just the investor. We’ve guided numerous applicants in rebuilding and resubmitting their cases with successful outcomes.
How much money is needed for an E-2 visa? There’s no official minimum, but your investment must be enough to make the business operational and demonstrate commitment. Many successful E-2 visas are based on investments between $100,000 to $200,000, but it depends on the nature of the business. Is $50,000 enough? Sometimes, but only for very small, low overhead businesses like solo consultants or online ventures with clear proof of business viability. You must also show the investment is at risk and committed.
What counts as a substantial investment? The investment must be proportional to the cost of starting or buying the business. So if you’re starting a consulting firm for $60,000, investing $50,000 might be sufficient. But for a business that requires $250,000 to start, a $50,000 investment likely won’t be enough.
Can I use a loan or gift? Yes but it depends. Can a service-based business qualify? Absolutely. Many successful E-2 cases are built on service based businesses like marketing firms, tech consulting, legal translation, education services, and more. The key is showing a real, active business with future potential for job creation and not just a solo operation with no growth plan.
Does equipment and rent count toward investment? Yes, reasonable startup expenses like office rent, equipment, software, and marketing costs can all be included provided they’re already spent or contractually committed at the time of application.
If you’ve been denied or are unsure if your investment qualifies, don’t guess. These cases are highly fact specific, and a strong legal presentation can make the difference between approval and rejection. Contact our office at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ve helped entrepreneurs around the world turn initial refusals into successful E-2 visas and we can help you do the same.