Buying a U.S. business
Review the purchase structure, committed funds, ownership, and operating evidence before the transaction is finalized.
E-2 business purchase planning
RELAWCATIONU.S. IMMIGRATION LAWTreaty investment
E-2 investor visa lawyer for U.S. business investment.
James Cohen advises investors buying or starting a U.S. business and prepares E-2 visa or status cases. An E-2 case must connect treaty nationality, committed capital, a bona fide enterprise, and the investor’s role into one credible record.
Request a case assessmentYour starting point
Where does your case stand?
Documenting investment funds
Organize the lawful source and movement of funds, including any gift, inheritance, or sale proceeds.
E-2 source-of-funds evidenceChoosing where to apply
Compare a U.S. change of status with consular visa processing in light of your location and travel plans.
Change of status or consular visa
Eligibility framework
The central E-2 questions
- Is the investor a national of a qualifying treaty country?
- Is the capital substantial in relation to the actual business and genuinely at risk?
- Is the enterprise real, active, operating, and more than marginal?
- Will the investor develop and direct the enterprise through ownership or operational control?
Case preparation
Build the business and immigration record together
- Trace the lawful source and path of invested funds.
- Document commitment of capital, ownership, control, and commercial activity.
- Align the business plan, financial evidence, hiring projections, and operating facts.
- Choose the consular or USCIS procedure that fits the person’s location and status.
How James Cohen prepares an E-2 case
James Cohen brings more than 30 years of legal practice and experience with hundreds of successfully completed immigration cases. E-2 preparation starts with the investor, the ownership structure, the business, and the capital already committed—not a generic business-plan template.
The work connects treaty eligibility and operational control with the lawful source and movement of funds, purchase or startup documents, and credible operating evidence. The filing route is selected around the investor’s location, status, and travel plans. Before submission, the application and supporting records are checked for gaps and inconsistencies; any request for additional evidence is addressed against the specific issues raised.
Start with the ownership and treaty structure
Treaty nationality is not merely a personal passport question. The nationality of the E-2 enterprise must also be established through the ownership of the business. Before money is committed, the ownership chart, investor nationality, entity documents, and any co-investor arrangement should be tested together.
A structure that works commercially may still create an immigration problem if qualifying nationals do not own the required share or if the investor cannot show the ability to develop and direct the enterprise. Restructuring after transactions have closed can be costly and may leave an inconsistent record.
Measure substantiality against the real business
E-2 law does not impose one universal minimum investment. The useful question is whether the amount is substantial in relation to the cost of purchasing or establishing the particular enterprise and whether the funds are truly committed. A lower-cost service business and a capital-intensive operation therefore require different records.
Escrow, executed contracts, equipment purchases, leases, licences, payroll preparation, inventory, and operating expenses can help show commitment when they form a coherent launch record. Uncommitted funds remaining in a bank account ordinarily do less work than capital already placed at commercial risk.
Make the operating evidence match the plan
The enterprise must be real and active rather than a passive investment. The filing should connect the business plan to facts that already exist: premises, vendors, customers, licences, marketing activity, staffing, banking, and the investor’s day-to-day authority.
The marginality analysis concerns the enterprise’s present and future economic capacity, not a promise to create a particular number of jobs. Projections should be credible, supported by the business model, and consistent with the investor’s role and the records submitted elsewhere in the case.
Important
Facts and procedure determine the route.
E-2 is a nonimmigrant classification. Nationality, ownership structure, source of funds, admissibility, prior status, and the chosen filing route can materially change the analysis. A business plan alone does not establish eligibility.
Official reference: USCIS E-2 Treaty InvestorsQuestions clients ask
Issues to resolve before filing.
Is there a fixed minimum E-2 investment?
No single dollar amount applies to every business. The investment is assessed in relation to the real cost and nature of the enterprise, together with the other eligibility requirements.
Can an existing business qualify?
Yes. A purchase of an operating business may qualify if the investment is committed and at risk and the ownership, nationality, operational, and other requirements are established.
Can funds come from a gift or inheritance?
They may, provided the lawful source and complete path of the funds can be documented and the investor has possession and control of the capital.
Should the case be filed with USCIS or through a consulate?
The proper route depends on the investor’s location, current U.S. status, travel needs, nationality, and case strategy. A USCIS change of status is not the same as issuance of an E-2 visa.
Client perspective
Working with James Cohen
“Working with Mr. James Cohen was truly one of the best decisions I made during my immigration journey. I initially came to the United States on an E-2 visa, and later began the process of pursuing permanent residency, including the labor certification process.”
Oren UzielCEO, Baron Building Group · Houston, Texas
Read the full client perspectiveIndividual experiences vary. Past results do not guarantee a similar outcome.
Talk through the facts
Discuss the business before committing further capital.
For an initial inquiry, briefly describe:
- Your nationality and whether you plan to buy a business or start one.
- The type and location of the business, approximate investment, and what is already committed.
- Your current location, U.S. status if any, and intended timing.
A short summary is enough. Send no passport numbers or confidential documents.
Initial contact does not create an attorney-client relationship. Case acceptance follows conflict and scope review.