Categories
Investor Visas

E-2 Visa for a Restaurant: How the Investment Is Judged

By Growth FLPC

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

Last reviewed: November 9, 2026.

Short answer: You can qualify for an E-2 visa by opening or buying a restaurant in the United States. There is no fixed minimum investment. The amount must be substantial compared with the cost of opening or buying that restaurant, the funds must be at risk and committed, and the restaurant must be able to do more than support you and your family.

If you’re a treaty-country national planning to open or buy a U.S. restaurant, book a free 15-minute intro call.

Restaurants and E-2, in plain terms

The E-2 treaty investor visa lets a national of a treaty country come to the United States to develop and direct a business in which they have invested, or are actively investing, a substantial amount of capital (INA 101(a)(15)(E)(ii); 8 CFR 214.2(e)(2)). Nothing in the E-2 rules singles out restaurants. They are judged under the same tests as any other business. For the overall program, see our E-2 visa page.

The basic rules:

  • 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)).

If you’re buying into a restaurant franchise, see our E-2 visa for franchise buyers page.

How much do you need to invest in a restaurant?

No set dollar figure is the minimum for E-2 (9 FAM 402.9-6(D)). Instead, State’s Foreign Affairs Manual uses a proportionality test. Your qualifying investment is weighed against the cost of the business:

  • Opening a new restaurant: the cost is what it takes to get the restaurant to the point of being operational, such as build-out, kitchen equipment, furniture, initial inventory and other startup costs (9 FAM 402.9-6(D)).
  • Buying an existing restaurant: the cost is generally the purchase price, which is normally the fair market value (9 FAM 402.9-6(D)).
  • Inverted sliding scale. The lower the total cost of the business, the higher the share of it you are expected to fund yourself (8 CFR 214.2(e)(14); 9 FAM 402.9-6(D)).

The investment must also be enough to show your commitment to the restaurant’s success and to support the likelihood that you will develop and direct it (8 CFR 214.2(e)(14)).

What counts toward the investment

  • Equipment and inventory you buy for the restaurant can count (9 FAM 402.9-6(B)).
  • Lease payments count only as paid. Rent counts only for the amount paid toward that item in any one month, unless it is paid in advance. The annual rent or the market value of leased equipment does not count (9 FAM 402.9-6(B)).
  • Funds must be at risk. Loans secured by the restaurant’s own assets do not count. Loans secured by your personal assets, such as a second mortgage on your home, or an unsecured personal loan, can count (9 FAM 402.9-6(B)).
  • Funds must be committed. Money sitting in a bank account, or plans to invest, is not enough. You need to be close to starting actual operations, not just signing contracts or scouting locations (9 FAM 402.9-6(B)).
  • Escrow can help. A purchase conditioned on the visa can still count as committed if the funds are held in escrow for release once the visa is issued (8 CFR 214.2(e)(12); 9 FAM 402.9-6(B)). See E-2 source of funds and escrow.
  • Lawful source. You must document where the money came from and show it was not obtained through criminal activity (8 CFR 214.2(e)(12); 9 FAM 402.9-6(B)).

The marginality test for restaurants

The restaurant cannot be marginal. That means it 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. For a new business, that capacity should generally be realizable within five years from when normal business activity starts (8 CFR 214.2(e)(15); 9 FAM 402.9-6(E)).

For restaurants, a business plan usually shows this through projected revenue, staffing and hiring of U.S. workers. Staffing plans often matter because restaurants are labor-intensive. Consular officers may ask for documentation beyond unaudited financial statements prepared by the applicant (9 FAM 402.9-6(D)).

Licenses and real operations

The business must be a real, active and operating enterprise that meets the legal requirements for doing business where it operates (8 CFR 214.2(e)(13)). For a restaurant, that usually means the lease, health and food service permits and any other local licenses. Timing matters: you need to be close to opening, but you can’t usually open without the permits in place. Plan the visa timeline and the opening timeline together.

Bringing staff from your country

An E-2 restaurant can sometimes bring employees of the same treaty nationality in executive, supervisory or essential roles, such as a chef with special skills for a new concept. See our E-2 visa for employees page.

Where to apply and how long it lasts

  • 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 restaurant investors from treaty countries. We review the deal and the budget against the proportionality and marginality tests, help structure escrow, and prepare the E-2 application and business plan support.

FAQ

What is the minimum investment for an E-2 restaurant?
There is no set minimum. The investment must be substantial compared with the cost of opening or buying that restaurant, and the lower the cost, the higher the share you are expected to fund yourself.

Does restaurant rent count toward my E-2 investment?
Only for the amount actually paid, limited to the amount paid toward that item in any one month unless paid in advance. The annual rent does not count as investment.

Can I buy an existing restaurant for an E-2 visa?
Yes. For an existing business, the cost is generally the purchase price, normally its fair market value, and your investment is weighed against that cost.

Does an E-2 restaurant need to hire employees?
The rules do not set a hiring number, but the restaurant cannot be marginal. Plans to hire U.S. workers are a common way to show it can do more than support you and your family.

Can I use a loan to fund an E-2 restaurant?
A loan secured by your personal assets, or an unsecured personal loan, can count. A loan secured by the restaurant’s own assets does not count toward the investment.

Talk with us

If you’re planning to open or buy a U.S. restaurant on an E-2 visa, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.