E2 Visa defined

An E-2 Work Visa is a non-immigrant work visa for investors and business owners from eligible treaty countries who are making a substantial investment in a US business. The goal is to promote trade, investment, and economic cooperation between the United States and treaty partner nations.

A treaty country is one that has a treaty of commerce and navigation with the United States, or another qualifying international agreement, or has been designated as eligible under US law.

However, the E2 Visa is not a direct path towards a lawful permanent residence, but it can be extended indefinitely as long as the business meets the requirements.

E2 Franchise Businesses

Before getting into the why of a franchise, we must first define what's a franchise. A franchise is a legal and commercial relationship between the owner fo the trademark and an individual who wants to use the identification in a business. A franchisee is someone who sells goods or services supplied by the franchisor or that meet the franchiser's standards to commercial customers.

Franchise businesses are a popular choice for E2 foreign entrepreneurs due to its established business model, operational strategies and franchise brand recognition. Immigration officials view franchises favorable due to its lower possibility of failure compared to a startup or an independent business.

A franchise owner can also receive extensive training and ongoing support from the franchisor, which is beneficial for foreign investors who are fairly new in business ownership.

Franchise Systems and Selling your Franchise

Franchises are often used by a person looking to acquire an E-2 qualifying business in the United States. This involves purchasing a franchise from a franchisor, usually for one or two locations.

Foreign business owners also use franchises to expand their franchise into the United States by selling multiple locations to franchisees. This involves registering a franchise system in the United States and becoming a franchisor. There are significant costs and regulatory needs to be met.

Benefits of Franchises for an E2 Visa

One of the advantages of a franchise is that it helps streamline and simplify the E2 Visa process. It is also provides a flexible way to gain entry in the U.S. Other than that, here are additional advantages of an E2 Visa franchise:

Legally work in your own business

When you start a franchise business, it allows you to conduct your own business legally in the U.S. as you'll have at least a partial ownership.

It's important to take note that one of the requirements in an E2 Visa is that you must be able to show proof that you'll be developing and directing the E2 business by either demonstrating that you have at least 50% ownership of the enterprise or that you have significant control through a management position. This is why you should play a vital role in the franchise business.

Upon submission of your application, you will need to list down the owners of the franchise you'll be starting and have them add their signatures. This will show that you have a significant and controlling interest in the business.

Receive support for your franchise business

If you're fairly new with owning a business, you might be scared of starting your own business. Starting a new company by your own would mean you need to manage all the paperwork and create the business plan.

If you decide to start a franchise business instead, you can receive help and support from the company providing the franchise.

A franchise consultant can also help you with the information on the required minimum investment for franchises or should you need any assistance on being a franchise owner.

Established franchise model and brand recognition

When you invest in a franchise, it also comes with proven business models, and operational and marketing strategies which can increase the success of the business.

Moreover, if you invest in a well-known franchise business which can be prove your credibility during your visa application as the immigration officials recognize the brand and see it as a legitimate enterprise.

Minimum investment funds not required

The cost of E-2 Visa includes the application fees, legal fees, and most importantly the capital investment you would need to make into a U.S. enterprise.

However, the greatest advantage of an E2 Visa is that it doesn't have a set minimum investment amount required. This means that if you have limited funding, you still have a good chance of qualifying for entry in the U.S. It only requires that you must invest substantial amount of money to successfully launch a non-marginal business.

Spouse can work on your franchise

If you have a spouse, they can accompany you to the U.S. and help you run the new business without the need anymore of an Employment Authorization Document.

The validity of your spouse's visa is the same as your E2 Visa, and they may also file an extension together with you once the validity has reached its end.

Children can attend school of their choice

Your unmarried children under the age of 21 can also accompany you to the U.S. and study in the country. They can attend any school of their choice. Usually, children must file an F-1 Visa but this only allows them to attend a specific school. An E2 Dependent Visa gives them a wide range of options for schools.

Stay indefinitely in the U.S

Foreign investors initially receive a 2-year validity period on their visa. Once their visa expires, they may extend it indefinitely as long as they still meet the requirements.

Travel freely in the U.S. and abroad

As an E2 Visa holder, you are allowed to leave and return to the U.S. as you please so long your visa remains valid. You are even allowed to live outside the U.S. for an indefinite amount of time, if so you wish.

Study in a U.S. University or College

Once you're in the U.S., you might be interested in studying. While generally, investors are not focused on getting education, you are still permitted to study while living in the U.S.

You are not, however, allowed to join a full-length college program due to the main interest of your visa, which is the business franchise. After all, it's required that you direct and develop the business.

Faster processing times

The E2 Visa process is much faster compared to other visas. Compared to an EB-5 Visa, the E2 Visa doesn't have limitations on how many visas are issued each year.

However, this still would depend on the workload of the U.S. Embassy or Consulate in your home country.

Apply for a green card

The E2 Visa doesn't give you a direct pathway to a green card, but you can apply for other visa classifications through change of status once you're in the U.S. once you have established your business.

Drawbacks of Franchises for an E2 Visa

Longer training period

There are franchises that require a long training period before the opening or final purchase of a franchise, which may delay the processing of your E2 Visa.

Separate franchise agreements

If you purchase an existing business through an escrow, it reduces the risk of delay or denial. However, with a franchise, there are separate franchise agreements and other requirements the company began franchising must meet.

Takes out some of the control from the investor

The franchisor may take some of the control during the application process as you will rely on them heavily for the relevant documents you will submit during your interview. This may consequently result to a delay in your application process.

Some franchisors require a franchisee to be a US citizen or permanent resident

There are franchisors that may require a prospective franchisee to be a U.S. citizen or permanent resident, which means that even if your really like the particular franchise business and you have the money to invest, you may not be able to.

Eligibility Requirements for an E2 Visa

There are several E2 Visa requirement that you must meet to be eligible:

  • You must be a national of a E2 treaty country. A treaty country is a country that maintains a treaty of commerce and navigation with the U.S., or with which the U.S. maintains a qualifying international agreement, or which has been designated as qualified by law;

  • You must invest or in the process of investing a substantial amount of funds in a genuine U.S. enterprise;

  • You must be entering the U.S. to develop and direct the E2 business;

  • Your E2 enterprise must have the capacity to generate more than enough income to provide a living for you and your family, and create jobs for qualified U.S. citizens, permanent residents or even foreign nationals with valid work authorization.

  • Your capital must be subject partial or total loss if the investment fails.

Business Choices for an E2 Visa

Existing Business

Aside from a franchise business, investors also have the option to buy existing businesses. You will then acquire the market and financial situation of the business, so you have to be extra diligent in making sure the business satisfies the requirements of an E2 Visa.

While the visa category itself doesn't specify the minimum business size, it still requires that you invest in a non-marginal enterprise.

Independent Business

If you already have your own business in your own country or if you have a unique business idea, you might want to establish an independent business in the U.S. Should you decide to do so, you would need to create a detailed and comprehensive business plan to be included with your application. In this case, you have to provide evidence that your investment is substantial enough to qualify for the E2 Visa.

Franchise Business

Since there are many risks and uncertainties surrounding with opening a new business in a new country, there are investors who would prefer a choice that has minimal risks in losing investment. This is why most would prefer to invest in franchises as they are already established business models.

Moreover, investors can receive support once they choose to invest in a franchise business. There are also franchise consultants who can guide you through the process of identifying and investing in franchise businesses should you need assistance with your search for your venture.

Davies & Associates have helped multiple investors to move to the U.S. through an E2 Visa. We're one of the first law firms to receive a CBI-based E2 Visa for a client. Inquire with our E2 Visa lawyers today.

E-2 Visa Franchise FAQ

What is an E-2 visa franchise?

An E-2 visa franchise is a U.S. franchise business purchased or started by an investor applying for an E-2 Treaty Investor visa. The visa allows nationals of treaty countries to live and work in the United States by investing in and actively managing a U.S. business.

Franchises are often attractive for E-2 investors because they provide an established business model, brand recognition, and operational support, making it easier to demonstrate that the business will operate successfully in the United States.

Can you qualify for an E-2 visa by buying a franchise?

Yes. Purchasing a U.S. franchise business is a common way to qualify for an E-2 visa, provided the investment meets all E-2 visa requirements. To qualify, the investor must typically:

  • Be a national of an E-2 treaty country
  • Make a substantial investment in a U.S. business
  • Direct and develop the enterprise
  • Invest funds that are at risk and committed to the business

Franchise businesses frequently meet these criteria because they operate as real, active commercial enterprises.

How much investment is required for an E-2 franchise visa?

There is no fixed minimum investment for an E-2 visa. The investment must instead be considered “substantial” relative to the cost of the business.

However, in practice many successful E-2 franchise investments fall within ranges such as:

  • $80,000 to $300,000 or more depending on the franchise concept
  • $100,000 to $150,000 or higher for many franchise models

The key factor is whether the investment is large enough to make the business operational and demonstrate that it can generate income and employment.

What types of franchises work well for an E-2 visa?

Many industries can qualify for an E-2 visa franchise investment. Common examples include:

  • Home services businesses
  • Education or tutoring franchises
  • Restaurants and food service
  • Business consulting franchises
  • Senior care and healthcare services

These franchise models often provide structured training, clear financial projections, and scalable operations that help support a strong E-2 visa application.

Do you need to own 100% of the franchise business?

No. You do not need to own 100% of the business. In most cases, an E-2 investor must demonstrate at least 50% ownership or another structure that shows they have operational control and the ability to direct the enterprise.

The central requirement is that the investor must be actively involved in managing and developing the business.

Can family members come to the United States on an E-2 visa?

Yes. Immediate family members can accompany the primary E-2 investor. Eligible dependents include:

  • A spouse
  • Unmarried children under 21

Spouses of E-2 visa holders are authorized to work in the United States, and children may attend school while living in the U.S.

How long can you stay in the United States with an E-2 franchise visa?

The E-2 visa is typically granted for two years at a time, but it can be renewed indefinitely as long as the business remains active and continues to meet visa requirements.

This means many investors operate their U.S. franchise businesses for many years under E-2 status.

Is a franchise easier than starting a new business for an E-2 visa?

In many cases, yes. Franchises can simplify the E-2 process because they offer:

  • Established business systems
  • Proven financial models
  • Training and operational support
  • Recognized brand credibility

These factors can make it easier to demonstrate the viability of the business to U.S. consular officers reviewing the visa application.

Does the E-2 visa lead directly to a green card?

No. The E-2 visa is a non-immigrant visa, meaning it does not automatically provide a direct path to permanent residence. However, investors may later pursue other immigration options such as:

  • EB-5 immigrant investor visa
  • L-1 intracompany transfer visa
  • Employment-based green card categories

Strategic planning with immigration counsel is often required to transition from E-2 status to permanent residence.

How long does the E-2 visa process take?

Processing times vary depending on the U.S. embassy or consulate handling the application. Compared to many other U.S. visas, the E-2 process is often faster because there is no annual visa quota, allowing investors to move forward once their business investment is ready and the application is filed.

About the Authors

Mark I Davies, Esq.

Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.

Mark I Davies, Esq. JD, University of Pennsylvania Law School, Licensed with the SRA (SRA ID: 384468) in the UK, Member Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer, Licensed (USA), Georgia State Bar. AILA Member.

Area Details
Education JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training Completed Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England & Wales | Former CMBS lawyer at one of the world's largest international law firms
Immigration Track Record 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally
Recognition Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences

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Why make Davies & Associates Your E2 Visa Lawyers

Davies & Associates has helped hundreds of families move to the United States on the E2 Visa. In fifteen years we have yet to have any E2 visa application we have prepared denied when our clients have followed our recommendations.

Our immigration attorneys were one of the first law firms to obtain a CBI-based E2 Visa for a client. We achieved this through the Grenada Citizenship by Investment Program and have also used Turkish Citizenship by Investment.





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