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Investor Visas

E-2 Visa for an E-commerce or Online Business

By Growth FLPC

By Kyle Farmer, Farmer Law PC, Austin, Texas.

Last reviewed: November 9, 2026.

Short answer: An online business can qualify for an E-2 visa if it is a real, active U.S. business that produces goods or services for profit, your investment is substantial and at risk, and the business can grow beyond a minimal living for you and your family. Inventory, equipment and some development and marketing costs can count toward the investment. A thin storefront with little spending, no operations and no plan to grow is a weak E-2 case.

If you’re a treaty investor planning or buying an online business in the U.S., book a free 15-minute intro call.

E-2 basics for online businesses

  • Treaty nationality. You must be a national of an E-2 treaty country, and the business must be at least 50 percent owned by treaty nationals (8 CFR 214.2(e)(2), (e)(6); 9 FAM 402.9-6(F)). See our E-2 visa treaty countries list.
  • Develop and direct. You must show at least 50 percent ownership or operational control through a managerial position or other corporate device (8 CFR 214.2(e)(16); USCIS E-2 page).
  • Intent to depart. You must intend to leave the United States when E-2 status ends (8 CFR 214.2(e)(2)(iii)).

The same E-2 rules apply to an online business as to any other. The questions officers ask just look different when the storefront is a website.

A real and operating business

The enterprise must be a real, active and operating commercial or entrepreneurial undertaking that produces services or goods for profit, and it must meet the legal requirements for doing business where it operates (8 CFR 214.2(e)(13)). It cannot be a paper organization or an idle speculative investment (9 FAM 402.9-6(C)).

For an online business, evidence of real operations can include:

  • A U.S. business entity with its registrations, tax accounts, bank account and any required sales tax permits.
  • Supplier, manufacturing, fulfillment or logistics contracts, and proof of inventory on hand or on order.
  • A working site or storefront, payment processing, and records of orders or customers, if the business has started.
  • A U.S. operating presence, such as a lease, a warehouse or fulfillment arrangement, or staff, depending on the model.

A business run mainly from abroad, with little U.S. activity, is harder to present as a U.S. enterprise you develop and direct. We review the model before filing.

What counts toward the investment

The investment is your capital placed at risk with the objective of generating a profit, and it must be your unsecured personal business capital or capital secured by personal assets (8 CFR 214.2(e)(12)). For online businesses, State’s manual points to:

  • Inventory and equipment. The amount spent for purchase of equipment and for inventory on hand may be counted, if it is for the business and not personal use (9 FAM 402.9-6(B)(g)).
  • Leases and rent, such as a warehouse or fulfillment space, count only in limited ways: the amount devoted to that item in any one month, unless paid in advance (9 FAM 402.9-6(B)(f)). Recurring software subscriptions may be treated in a similar way.
  • Intellectual property, such as a brand or software, to the extent its value can reasonably be determined (9 FAM 402.9-6(B)(h)).
  • Committed funds. Funds must be irrevocably committed. Mere intent to invest, or uncommitted funds in a bank account, will not suffice (9 FAM 402.9-6(B)(d), (e)).

Money spent on website development, product development and launch marketing can support the case when it is spent on the business and documented. Keep invoices, contracts and proof of payment.

How much is enough

There is no set dollar minimum. The investment is weighed against the cost of the business, and the lower the cost, the higher the share of that cost the investor must fund (9 FAM 402.9-6(D)(b), (c)). Online businesses can have low start-up costs, which means you may need to fund most or all of the real cost of launch. The plan should show what the business actually needs to reach operations.

Marginality

The business must have the present or future capacity to generate more than enough income to provide a minimal living for you and your family, or to make a significant economic contribution, generally within 5 years from when it begins normal business activity (8 CFR 214.2(e)(15); 9 FAM 402.9-6(E)). For an online business, a credible growth plan often shows hiring, U.S. suppliers, fulfillment partners and sales growth.

Risk points for online businesses

  • Very low spending. A small investment in a low-cost model can look like a way to get a visa rather than a business.
  • Passive models. A store where third parties do all the work and you have no operating role can raise questions about whether the business is real and active and whether you develop and direct it.
  • Buying an existing online store. You still need a real, operating U.S. business, and the purchase price is generally the cost of the business for the proportionality test (9 FAM 402.9-6(D)(c)(2)). Verify the store’s revenue and records before you commit.

Where you apply and how long you stay

  • From outside the United States, you apply for an E-2 visa through the State Department, then seek admission at a port of entry (USCIS E-2 page).
  • If you’re already in the United States in another lawful status, you may be able to file Form I-129 with USCIS to change to E-2 (USCIS E-2 page; 8 CFR 214.2(e)(21)).
  • Stay: an initial stay of up to 2 years, with extensions in increments of up to 2 years and no limit on the number of extensions, as long as you keep qualifying and intend to depart when status ends (USCIS E-2 page; 8 CFR 214.2(e)(19), (20)). See E-2 extension and renewal requirements.

How Farmer Law PC helps

Our attorneys work with treaty investors starting or buying online businesses in the United States. We review the business model, the investment records and the growth plan, and prepare the E-2 application.

FAQ

Can an online business qualify for an E-2 visa?
Yes, if it is a real, active U.S. business producing goods or services for profit, your investment is substantial and at risk, and the business is more than marginal.

Does inventory count toward the E-2 investment?
Yes. The amount spent for equipment and for inventory on hand may be counted, if it is for the business and not personal use.

Is there a minimum investment for an e-commerce E-2?
There is no set dollar minimum. The lower the cost of the business, the higher the share of that cost you must fund.

Can I run my e-commerce E-2 business from outside the U.S.?
E-2 is for coming to the United States to develop and direct the business. A business run mainly from abroad, with little U.S. activity, is a weak fit, so the business needs real U.S. operations and your role in running it.

Can I buy an existing online store for E-2?
It can work if the store is a real, operating U.S. business and the purchase is substantial for its cost. Verify its revenue and records first.

Talk with us

If you’re planning an online business E-2, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.