The E2 Visa is an investor visa that lets you and your family live in the United States to develop and direct a business. Before thinking about which franchise to choose, it's worth understanding the essentials: which criteria the US government evaluates and what, in practice, defines whether you're ready to apply.
At Unike, our specialty is the selection and analysis of the right franchise for your profile — the step that most influences the strength of your case. The immigration side itself is handled by a specialized attorney, whom we refer and work with side by side. This article organizes, in plain language, the requirements that come up in every E2 process.
The E2 Visa requirements, in short
1. Nationality of a treaty country
The E2 is born from treaties of commerce between the United States and roughly 80 countries. To qualify, the applicant must hold the nationality of one of them — and the qualifying nationality can also come from the business partner or the spouse.
Among the most common passports in our audience are Italy, Germany, Spain, and Portugal — and a highlight: Portugal joined the E-2 treaty list in 2024, opening the door for many more families. The official, up-to-date list is maintained by the US Department of State. If you already hold one of these nationalities, this first requirement tends to be the simplest one.
2. A substantial, at-risk investment
US law does not set a minimum amount for the E2. What it requires is that the investment be "substantial" — that is, proportional to the cost of acquiring or building that specific business. An amount that would be substantial for a service franchise might be insufficient for a restaurant, for example.
In practice, immigration attorneys usually recommend investments starting at US$ 100,000 to build a consistent case. Beyond the amount, the "at risk" concept is central: the funds need to be genuinely committed to the business, not simply sitting in an account waiting for the visa approval.
Don't confuse the E2 with the EB-5. They are different visas: the EB-5 has much higher investment thresholds and its own rules. When someone mentions "minimum investment of hundreds of thousands or millions of dollars and ten jobs", they're usually talking about the EB-5 — not the E2.
3. A real, active, non-marginal business
The E2 requires a commercially active venture that sells products or services and generates revenue. Passive investments — like buying property to rent out or investing in stocks — generally do not qualify, because they don't constitute an operating business directed by you.
The business also can't be "marginal", meaning it can't exist only to support the investor and their family. It's expected to have a perspective of generating profit and jobs within a reasonable period. For a new business, that horizon can stretch to a few years, as long as the plan shows real potential for growth and positive impact on the local economy.
This is exactly where the choice of franchise makes a difference. A tested model, with an operating track record and franchisor support, helps sustain the profit and hiring projections the immigration officer wants to see.
4. Control and direction of the business
To qualify, you need to hold at least 50% of the company and be in a position to develop and direct the business. The E2 is not a passive investor visa: the government wants to see the investor leading decisions and operations, not acting as a distant shareholder.
This has practical implications when structuring a partnership. When there are foreign partners who will also apply for the visa, the split of ownership and capital must follow specific rules — a topic we cover in detail in another article.
5. Lawful, traceable source of funds
The invested funds must have a lawful, provable origin. That means documenting where the money comes from: the sale of an asset, savings, company profits, inheritance, and so on. The clearer and more organized this documentation trail, the stronger the case. This is one of the points where the immigration attorney provides guidance from the very beginning.
6. Conversational English — the most underestimated requirement
Many people focus on the investment and forget the language. In practice, conversational English is fundamental. The franchisors we work with require proficiency to approve a candidate — after all, you'll need to talk with customers, suppliers, employees, and the network itself. The language is essential to operate the franchise day to day.
The good news: this requirement can be met by the applicant, the business partner, or the spouse. Still, treat English as a planning priority, not a last-minute detail.
Where Unike comes in — and where the attorney does
To avoid any confusion about our role: Unike does not handle the immigration process and is not a visa consultancy. We represent over 700 American franchises and advise you on the pre-selection, analysis, and choice of the right franchise — from profile and goals definition to signing the agreement with the franchisor.
The visa side stays with an immigration attorney specialized in the E2, whom we refer and who validates whether the chosen business qualifies and whether the case is well structured. It's this combination — the right franchise plus a well-built case — that usually makes the difference. Important: no serious professional guarantees visa approval, which is always the immigration officer's decision.
If you recognized yourself in most of these requirements, the natural next step is understanding which franchises match your profile and available investment. That's exactly where we can help.