What Is the Minimum E-2 Investment Amount?

Barella Global’s Managing Attorney Kyle Barella, frequently handles E-2 Treaty Investor Visa applications for clients before the U.S. Embassy in London and other consular posts across Europe. One of the most common questions potential clients ask during consultations is: What is the minimum E-2 investment amount?

While the answer to that question is simply that there is no minimum investment amount, there remains widespread confusion—even among some U.S. immigration lawyers—about whether a specific minimum investment threshold exists.

Unlike the EB-5 Immigrant Investor Visa, which carries a statutory minimum investment requirement, the E-2 visa is governed by a more flexible standard with no fixed dollar amount established by law or regulation.

What the rules do say about the E-2 investment, is that it must be substantial.

What Does “Substantial” Mean Under the E-2 Visa Rules?

According to 9 FAM 402.9-6(D), an E-2 investment must be substantial—but the FAM makes clear that there is no set dollar amount that automatically qualifies. Instead, the focus is on whether the investment demonstrates real financial commitment and a strong likelihood that the business will succeed.

The FAM outlines three key factors that determine whether an investment is substantial:

1. It must be substantial in a proportional sense, as measured through the proportionality test.
2. It must be sufficient to ensure the investor’s financial commitment to the business.
3. It must be large enough to support the likelihood of successful business operations.

Under the proportionality test, adjudicators compare the amount actually invested to the total cost of establishing or purchasing the business. In short, the lower the overall cost of the business, the higher the percentage of the total cost the investor must have already spent. Conversely, for larger or more capital-intensive businesses, a smaller percentage may still qualify as substantial due to the overall magnitude of the investment.

For example, consider a UK investor opening a fitness studio in Miami. The total startup cost to bring the gym to a turnkey position—that is, fully equipped and ready to open—is $75,000, even though the investor has $100,000 in available funds. Because the investor has committed and spent the full $75,000 required to make the business operational, the investment would likely be considered substantial. However, uncommitted funds merely sitting in an operating account do not count toward the qualifying investment.

Why Consular Culture Matters

while these principles apply globally, E-2 visas are adjudicated locally by U.S. embassies and consulates. The culture and expectations of each post play a major role in how officers view “substantiality.” For this reason, it’s important to work with an E-2 visa lawyer experienced with the specific consular post where the application will be filed. For example, a UK applicant should seek a lawyer familiar with E-2 adjudications at the U.S. Embassy in London.

Unfortunately, we often hear from potential applicants who were told by U.S.-based attorneys that they must invest at least $150,000 or more to qualify. This is simply not true—the required amount depends entirely on the business model and the adjudicating post’s practice.

Barella Global maintains offices in London and Brussels, with extensive experience representing clients before the U.S. Embassies in London and Brussels, as well as other posts across Europe.

To discuss your eligibility or begin the E-2 visa application process, contact our office today to arrange a consultation, or book directly online through our booking platform.