Best Businesses to Invest in for an E-2 Visa (2026 Guide)
Choosing the right business is one of the most important decisions you’ll make in your E-2 visa journey. Your business needs to satisfy USCIS’s requirements, including the marginality test, which means showing your venture can generate more than a minimal living for your family and make a significant economic contribution, typically by creating jobs within five years. But it also needs to be a business you can realistically launch, operate, and grow.
There are certain business types that tend to perform well in E-2 visa applications, so it’s helpful to know what makes each one a strong (or risky) choice in 2026. Buying an existing business that’s eligible for an E-2 visa may also be an option for you.
| 💡 What is the E-2 visa? Commonly referred to as the treaty investor visa, the E-2 allows people from a qualifying treaty country to live and work in the U.S. if they make a substantial investment in a U.S. business. Learn more about eligibility and benefits in our complete guide to the E-2 visa. |
What makes a strong business for an E-2 visa?
Before we get to specific business types, it helps to understand how USCIS evaluates whether a business is a good fit for the E-2 visa. When it comes to choosing a business, three factors matter most:
- The marginality test: Your business cannot be “marginal,” meaning it must have the present or future capacity to generate more than enough income to provide a minimal living for you and your family. You can typically show this by creating jobs for U.S. workers.
- Substantial investment relative to the business type: This typically means an investment of at least $100,000, but there’s no fixed dollar minimum. Instead, USCIS applies a proportionality test, which means your minimum E-2 investment must be substantial relative to the total cost of establishing or purchasing the business. The lower the cost of the business, the higher the percentage of that cost you’ll generally need to invest.
- Active management and “develop and direct” requirement: You must have an active, for-profit business, and you must show that you will be hands-on in running the business. Passive investments (like buying rental properties) don’t qualify.
The best E-2 businesses are the ones that naturally satisfy all three of these factors. They require a meaningful investment, generate jobs quickly, and give you a clear operational role.
Note that no matter the business, the person starting it must be from a qualifying treaty country. USCIS cares more about the nationality of the business owner than where the business was incorporated.
Best businesses for an E-2 visa
1. Franchises
Franchises are one of the most compelling business options for the E-2 visa. Here are a few reasons why they typically meet the E-2 visa qualifications:
- Ready-made E-2 visa business plan and clear growth strategies
- Proven business models and product-market-fit
- Established brands recognized by a USCIS officer
- “Turnkey,” making it easier to launch your business
- Lower risk alternative compared to starting a business from scratch
Franchises typically also engage in market research before opening a new location. This helps streamline the process of determining the optimal location for your business.
Given that franchises can be established nearly anywhere, you gain greater flexibility in choosing where you want to live and work within the U.S.
Franchises also cover a wide variety of industries, from fast food restaurants to retail and pet care. According to Franchise Direct’s 2026 Top 100 Global Franchises ranking, the top five include PIRTEK, The UPS Store, Stratus Building Solutions, Visiting Angels, and SERVPRO. A notable newcomer to the top five is Visiting Angels, a senior care franchise, reflecting the growing strength of healthcare and home services franchises in the rankings.
2. Consulting services
For people with existing professional experience in the service industry, setting up a consulting business for the E-2 visa can be an option. Here’s why:
- Low upfront costs
- Minimal overhead costs
- Build on existing market expertise
This type of business can also cover a wide variety of skill sets, whether that’s setting up a business for marketing consulting, software development, or interior design.
A consulting firm also typically relies solely on your individual expertise, unlike businesses that require significant initial investments in inventory, equipment, or physical infrastructure.
Just remember, you still need to prove that your business meets the requirements for the E-2 visa for a substantial investment, relative to the business.
| 💡 Manifest tip: A solo consulting operation with no employees could face closer scrutiny and may be viewed as a marginal enterprise. Your business plan must include a realistic timeline for hiring W-2 employees. Relying only on 1099 independent contractors could be seen as a red flag. |
3. Restaurants and cafes
Restaurants and cafes are some of the most common businesses for the E-2 visa. Some key advantages of a restaurant or cafe include:
- Clearly meets the “active business” requirement, since it requires ongoing and dynamic operations
- Involves staffing for multiple roles, helping to meet the E-2 visa requirements for job creation
- Can specialize in a niche related to your home country, such as a regional cuisine
The E-2 business plan for a restaurant is usually much simpler to build compared to other types of businesses.
| 💡 Manifest tip: If you are looking to hire workers from your own country who have unique and essential skills in the cuisine, they could qualify for E-2 status. To meet E-2 requirements, employees would need to be from the same treaty country as the majority business owner and would also need to be a manager, executive, or have special qualifications for the role. |
4. Tech startups
If you have an idea for a new technology, product, app, or service, starting a tech company in the U.S. could be a great option for getting an E-2 visa. Tech startups can meet the E-2 visa requirements for some of the following reasons:
- High growth potential, meeting the job creation and economic impact requirements
- Flexibility of remote working, which gives more location freedom for working in the U.S.
- Access to fundraising opportunities in the U.S.
The U.S. is known for its robust venture capital and startup ecosystem, offering fundraising opportunities for tech entrepreneurs. Access to more capital can accelerate the growth trajectory of the business, which can add to its viability as an E-2 business.
If you raise venture capital funding, be sure it doesn’t dilute your ownership below the 50% threshold required for the visa. An experienced E-2 attorney can help structure funding rounds to maintain compliance.
Tech startups have the capacity to create employment opportunities across a variety of roles, including software development, marketing, sales, and managerial positions. Showing that you can and will need to hire across all job functions can be helpful for an E-2 visa application.
| 💡 Manifest tip: While tech startups may not require a traditional office, keep in mind that you need to demonstrate you are physically present in the U.S. and actively managing the business. Having a U.S. business address and showing operational activity in the U.S. strengthens your case. |
5. Manufacturing businesses
Establishing a manufacturing business in the U.S. is a solid option that meets the E-2 visa requirements. Here are some reasons why this type of business can be ideal:
- Typically involves substantial investment in machinery, equipment, and facilities, which helps meet the E-2 minimum investment amount
- Tangible assets, such as the machinery, inventory, and real estate, can show that the investment is legitimate
- Plays a crucial role in contributing to the economy by producing goods
- Usually requires employees with clear job creation pathways
Many aspects of starting and running a manufacturing business meet the E-2 visa requirements by nature. The tangible assets needed from the start often satisfy the E-2 investment standard. Plus, they contribute to the legitimacy of the investment in the business. The production of goods from the business contributes to the local economic activity, which is another important factor that USCIS likes to see.
| 💡 Manifest tip: Manufacturing businesses typically require a workforce for various roles, from production and quality control to management and administration. Clearly outlining the number and types of jobs created, along with the positive impact on the local job market, can really enhance your E-2 visa application. |
6. Healthcare and senior care services
Healthcare and senior care are some of the fastest-growing business categories for E-2 visa investors in 2026. As the U.S. population ages, demand for in-home care services continues to rise, and the business model aligns exceptionally well with E-2 requirements:
- Requires early and ongoing hiring of caregivers, directly satisfying the job creation requirement
- Clearly an active business, involving hands-on management, client intake, scheduling, and compliance
- Essential service that is recession-resistant, giving the business long-term viability
From an immigration perspective, senior care meets a lot of the requirements. The business needs a physical U.S. presence, you need to hire W-2 employees quickly, and the service model is easy for adjudicators to understand and evaluate.
Senior care franchises like Visiting Angels, Homewatch CareGivers, and Caring Senior Service are some examples for E-2 investors. These franchise models come with training, operational systems, and built-in compliance frameworks, all of which help when presenting your business plan to USCIS or a consular officer.
Buying a business to meet the E-2 minimum investment
Not everyone wants or needs to start an E-2 business from scratch. Buying an existing business can reduce risk and give you a head start on meeting the visa requirements, since the business may already have employees, revenue history, and an established customer base.
When buying a business, the purchase price is typically considered your investment amount. USCIS applies a proportionality test, meaning your investment should be substantial relative to the total cost of the business. It must also be enough money to show that you’re fully committed to developing it further. For a full explanation of how the proportionality test works, see our guide to the E-2 visa minimum investment.
How to find E-2 businesses for sale
Once you’ve identified the type of business you want to pursue, here are the best ways to find one:
- Search online business marketplaces. Websites like BizBuySell, BizQuest, and BusinessBroker are popular online marketplaces for buying and selling businesses.
- Connect with a business broker. Business brokers are the people who connect business sellers with potential buyers. They can even assist you through the whole buying process.
- Utilize franchise directories. Sites like Franchise Direct list franchises for sale across industries and investment levels.
- Get help from a professional. Another option is to connect with our team at Manifest Law. We have a network of brokers and business owners we could connect you to, and lawyers to help you with every step of the visa process.
E-2 visa businesses to avoid
Not every business is a good fit for the E-2 visa. Here are some investments that are unlikely to qualify:
- Solo operations with no employees: If the business only supports you and your family, it may be considered a marginal enterprise and result in a denial.
- Passive investments: Buying rental property, holding stock portfolios, or owning vacant land does not qualify. The business must be active and producing goods or services.
- Businesses with very low investment: Investments that are very low relative to the business type may face additional scrutiny.
- Fully remote businesses with no U.S. presence: You need to demonstrate you are physically in the U.S., developing and directing the enterprise.
Work with an E-2 visa lawyer to evaluate your business
Whether you are starting a new venture or acquiring an existing business, it’s essential to make sure that it meets the specific criteria set by USCIS and qualifies as a substantial investment.
When looking for E-2 visa businesses for sale, it’s crucial to conduct due diligence, including financial analysis, market research, and legal review. The experienced E-2 visa lawyers at Manifest Law can help you with the due diligence process and assist you in filing your application.
Request a consultation to explore business and investment options that fit your goals.
FAQs about E-2 visa businesses
How much should you invest for an E-2 visa?
USCIS requires you to make a “substantial” investment, and the exact amount depends on your business, though $100,000 is often a decent rule of thumb.
Do franchises qualify for an E-2 visa?
Yes, franchises qualify for E-2 visas and may be good options because they often come with an established brand that USCIS recognizes, proven success as a business, and a business plan with clear paths to hiring the necessary workers.
How many employees do I need for an E-2 visa?
There’s no fixed number required, but your business plan should show a credible path to hiring full-time W-2 employees within five years. The more employees you can show (or plan for), the stronger your case. Family members of the E-2 investor do not count toward the job creation requirement.
Can I get a Green Card with an E-2 visa?
The E-2 visa doesn’t lead directly to a Green Card, but it can be a stepping stone. Common transition paths include the EB-5 investor visa (requires a larger investment and job creation), the EB-1C multinational manager visa (if you build a qualifying business with a foreign affiliate), and the EB-2 NIW (National Interest Waiver) if your business has a significant economic impact. For a full breakdown, see our guide to E-2 visa to Green Card pathways.
What are the USCIS filing fees for an E-2 visa?
E-2 filing fees depend on how and where you apply. If petitioning from within the U.S. through Form I-129, the base filing fee for E-2 petitions is $1,015 (or approximately $510 for small employers and nonprofits), plus an Asylum Program Fee of $600 ($300 for small employers). Premium processing on Form I-907 is available for $2,965. If applying at a U.S. consulate, the visa application fee (DS-160) is $315. Fees change periodically, so always check the USCIS Fee Calculator for the most current amounts.
