How the main categories of E-2 business compare on capital required, marginality risk and operational demands.
The business you choose shapes the strength of the application as much as the amount you invest. The categories below differ meaningfully in how easily they satisfy the substantiality and marginality tests.
Typically $150,000 – $500,000
The strongest structure for an E-2 filing. Existing staff address marginality on day one, and the seller's financial history supplies verifiable revenue evidence. The trade-off is higher capital and the need for genuine due diligence on what you are buying.
Typically $100,000 – $350,000
The franchisor supplies the operating model, training and a documented unit economics history — which substitutes effectively for direct sector experience. Franchise fees count toward the investment. Check that the agreement leaves you enough control to satisfy "develop and direct".
Typically $70,000 – $200,000
Lower capital, higher evidentiary burden. Proportionality is usually satisfiable because the business genuinely costs less to establish, but marginality becomes the hard question and must be answered with contracted work and a real hiring plan.
Varies widely
Available where a treaty-country company is expanding. More than 50% of ownership must trace to treaty-country nationals. Existing trading history and customer relationships make the enterprise easy to evidence as real and operating.
Be cautious of businesses marketed primarily as visa vehicles. An enterprise that only makes sense as an immigration route rarely survives the marginality test — and rarely survives commercially either.
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