The E-2 Treaty Investor Visa is a powerful pathway for foreign entrepreneurs to live and work in the U.S. while running their own business. But like any opportunity, the E-2 process is loaded with traps that can delay or destroy your chances if you’re not prepared.
⚠️ 1. Not Hiring a Lawyer (To Save Money)
Truth: Trying to go it alone can cost you more in the long run.
However: Hiring a lawyer isn’t always required, especially for savvy business investors working with experienced consultants. Immigration lawyers do not attend your visa interview and cannot guarantee approval. Their job is to file accurate legal forms and respond to USCIS or consulate queries—not to guide you in business strategy.
🔎 Use a lawyer wisely—especially for legal interpretation or complex status issues—but don’t rely on them for your business model.
⚠️ 2. Not Hiring an Experienced E-2 Lawyer
Not all immigration lawyers specialize in E-2 visas. This visa category is heavily business-focused, and many general immigration lawyers don’t understand what a “substantial investment” or a “non-marginal enterprise” really means.
âś… Solution: If you’re hiring an attorney, make sure they’ve filed dozens or hundreds of E-2 visas, not just a few.
⚠️ 3. Buying a Business You Don’t Know
The E-2 visa is tied to the performance of the business. If you buy into something you don’t understand—like a gas station, auto body shop, or e-commerce platform you’ve never worked in—you risk failure.
💡 The government will ask how your background fits the business. If it doesn’t make sense, it weakens your case.
⚠️ 4. Buying a Business You Don’t Like
If you don’t like the work, you won’t last. Remember—E-2 is not passive investment. You must actively direct and develop the business.
📉 Your attitude and commitment can influence business results—and those results are what sustain your E-2 renewal later.
⚠️ 5. Trusting a Business Seller
Sellers want to sell. That doesn’t mean they’re lying—but it also doesn’t mean they’re telling you everything.
Always do your own due diligence, get independent valuations, and bring in professionals you trust (accountants, consultants, brokers) before signing anything.
⚠️ 6. Not Having a Clean Source of Funds
One of the top reasons E-2 visas get delayed or denied: incomplete or unclear source of funds.
You must show:
- Where the money originated
- How it legally got to you
- How you transferred it into the U.S.
Attorneys can help organize this, but they can’t fabricate evidence or clean up messy financial trails. That work must happen before you file.
⚠️ 7. Not Hiring an Employee Before Filing
While not mandatory, hiring an employee strengthens your application, showing that the business is not marginal and contributes to the U.S. economy.
📌 Immigration officers are trained to look for job creation. Even part-time staff, 1099 workers, or contracts with freelancers show you’re creating impact.
⚠️ 8. Not Leasing a Real Office
A PO box or home office might not cut it. Leasing a commercial space shows commitment and operational readiness.
⛔ Lawyers can’t fix this with paperwork—if you don’t have a real office, it will weaken your case.
⚠️ 9. Not Spending Enough Money
The law doesn’t set a minimum investment, but the investment must be “substantial” in relation to the business type.
If you only put $20,000 into a business that requires $100,000 to run, the officer may conclude the business is undercapitalized—even if you file everything correctly.
Attorneys cannot change the reality of how much money is at risk. The business itself must be real and viable.
⚠️ 10. Not Knowing the Cost of Living in the U.S.
You may be approved for an E-2 visa, only to realize you can’t afford to live in the city you chose. This can pressure your business, affect your family, and hurt your mental well-being.
✍️ Be strategic: create realistic personal and business budgets before moving forward.
🔍 So What Can an E-2 Attorney Actually Do?
âś… Attorneys Can:
- Help file the E-2 visa application properly
- Draft legal memos to support your case
- Assist in response to Requests for Evidence (RFEs)
- Advise on legal structure, ownership percentages, and compliance
- File Change of Status or extensions in the U.S.
❌ Attorneys Cannot:
- Make your business viable
- Create a solid investment plan if one doesn’t exist
- Coach you for the consular interview (they’re not allowed to attend)
- Guarantee approval or make weak businesses look strong
- Replace proper business consultants, planners, or CPAs
🧠Final Thoughts
E-2 is not just an immigration process—it’s a business commitment. The strongest E-2 cases are those where the investor:
âś… Understands their business
âś… Builds a real company with employees and structure
âś… Has clear, documented investment and operations
âś… Gets the right mix of legal, business, and visa support
Looking for help without the high legal fees?
At E2 Visa Shop, we’ve helped dozens of E-2 investors set up real, compliant, successful businesses.
đź“© Contact us to get started or review your current case.