IN THIS GUIDE · The proposed budget omits insurance and regulatory compliance costs
Start with the E-2 eligibility and application overview
Rebuild the cost of getting open
List the premises, equipment, stock, systems and staffing needed for this U.S. enterprise, then identify its actual legal, contractual and practical insurance or licensing needs. Requirements vary by activity and jurisdiction; not every policy is universally mandatory. Obtain the relevant advice and quotations, and distinguish required costs from optional coverage or later expansion. Price the actual plan rather than importing another business’s checklist. For this E2 review, identify the record that proves the governing condition before relying on a title or summary.
Separate what is committed from what is merely planned
Capital counts when it is irrevocably committed and exposed to commercial risk. A paid premium and a signed lease behave differently from a quote or a deposit that a contract lets you reclaim. Refundable deposits, escrow arrangements and revocation clauses are not all the same, so ask counsel to read the actual terms rather than applying a rule of thumb to every payment. Compare the proposed arrangement with current corporate, employment, and financial records; a mismatch should be resolved before filing.
Re-test the investment after the numbers move
With compliance costs added, the total cost of establishing the enterprise rises and the committed amount may now look proportionally smaller. Re-run the comparison rather than assuming the earlier figure still holds. There is no universal minimum sum. Then re-check non-marginality: present or future capacity to produce more than a minimal living for the family, or a significant economic contribution, supported by realistic projections. Record which fact is established, which remains conditional, and who can provide the missing evidence for the E2 decision.
Keep business spending apart from case preparation
Compliance spending is business spending; the cost of preparing an E-2 application is not the same thing. Do not assume that every professional fee is excluded from qualifying investment, and do not assume all of it counts either — the treatment depends on what the work was and how it was documented. Ask advisers to itemise, and keep insurance and licensing receipts in the business file. Sequence commercial and immigration steps so an irreversible commitment is not made on an assumption about E2 approval.
Explain enterprise nationality and nonmarginality precisely
E-2 is available to a qualifying treaty national investing in and directing an enterprise that has the nationality of the treaty country. The accepted structure is an escrow that releases to the seller only upon issuance of the E-2 visa and returns to the buyer only if it is refused. Working capital and visa-contingent escrow require assessment of their real commitments; debt secured by enterprise assets differs from qualifying personal borrowing.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.