Houston Immigration Attorney

Investing in a Houston Business With an E-2 Visa

Investing in a Houston Business With an E-2 Visa

Houston is one of the best places in the country to start or buy a business. It has a large and diverse economy, a strong international community and a major port and airport. For investors from treaty countries, the E-2 Treaty Investor visa offers a way to live in Houston and run a business they own. E-2 visas are a core part of Sam Faragalla's practice.

Whether you are buying a franchise in Katy, opening a restaurant in Montrose or launching a logistics company near the Port of Houston, we help you plan the investment, prepare the business plan and present a strong E-2 case. Consultations are free. Call (800) 707-3038.

Preparing a Strong E-2 Application

Most E-2 denials come from weak documentation, not from a bad business idea. Careful preparation before you file is the best way to avoid delays and refusals.

Talk to a Houston E-2 Visa Lawyer

If you are planning to invest in a Houston business, talk to us before you sign a lease or wire funds. Call (800) 707-3038 or contact us online for a free consultation.

Sam Faragalla is licensed in New York and Florida. His practice is limited to federal immigration law.

What Is the E-2 Treaty Investor Visa?

The E-2 visa is a nonimmigrant visa for citizens of countries that have a qualifying treaty of commerce and navigation with the United States. It allows the investor to enter the U.S. to develop and direct a business in which they have invested, or are actively investing, a substantial amount of capital. There is no fixed minimum investment, and E-2 status can be renewed as long as the business continues to qualify.

  • You must be a citizen of an E-2 treaty country, and the business must be at least 50% owned by nationals of that country.
  • The investment must be substantial in relation to the cost of buying or starting the business.
  • The funds must be committed and at risk. Money sitting in a bank account usually does not qualify.
  • The business must be a real, active commercial enterprise. Passive investments, such as holding land or stocks, do not qualify.
  • The business cannot be marginal. It should have the capacity to generate more than a minimal living for the investor and family, or to make a significant economic contribution, such as hiring U.S. workers.
  • You must be coming to the U.S. to develop and direct the business, through ownership of at least 50% or operational control.

    • For a deeper look at the rules, see our pages on the E-2 visa in Texas and E-2 visa requirements.

    There is no official minimum, but the amount must be substantial for the type of business. A consulting firm with low startup costs needs a different investment than a restaurant or a manufacturing company. Investors in Houston often look at franchises, restaurants, home services, logistics, health care support services and retail. We help you evaluate whether a planned investment is likely to be viewed as substantial and whether the business plan shows it will be more than marginal.

  • Proof of nationality and ownership
  • A clear paper trail showing the lawful source of the investment funds
  • Evidence that the funds were spent or committed to the business, such as leases, purchase agreements, equipment invoices and wire records
  • A detailed business plan with realistic financial projections and hiring plans
  • Corporate documents, licenses and registrations for the Texas business

    • Many investors apply for an E-2 visa at a U.S. embassy or consulate in their home country. Some people already in the United States in another lawful status may be able to change to E-2 status through USCIS instead. Each path has different timing and travel considerations, and the right choice depends on your situation.

    Your spouse and unmarried children under 21 can usually join you in E-2 status. Spouses of E-2 investors are authorized to work in the U.S., and children can attend school. Children lose E-2 dependent status when they turn 21, so families with older children should plan ahead.

    The E-2 visa does not lead directly to permanent residence, but many investors later qualify for a green card through family, employment or other investment categories. Learn more about moving from an E-2 visa to a green card.