E-2 Visa Guide for Restaurants

6 min. read
Published: Jul 16, 2024
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Last Updated: July 16, 2024
  • The information provided on this blog is for general informational purposes only and should not be construed as legal advice or a substitute for consultation with a licensed attorney. For personalized guidance, please consult with our attorneys.

E-2 offers great opportunities as it is an excellent visa type that allows investors from treaty countries to run any type of business in the US. This guide will cover all the details you need regarding the E-2 Visa process, the investment required, the eligibility criteria, and the steps to be taken for entrepreneurs who want to open a restaurant in the States. We want to help you understand the steps you need to follow and the challenges you may face when starting your business in the US.

What is an E-2 Visa?

The E-2 Visa is designed specifically for investors who intend to start a business in the United States by investing. Restaurateurs can open a restaurant in the US and run their business for a long time. Also, the E-2 allows the investor, his/her employees, and family members to stay in the United States.

Who Can Apply for an E-2 Visa?

Citizens of the treaty countries can apply for this visa. The applicant must make a significant capital investment in the business and the business must be actively managed.

What are the Eligibility Criteria for the E-2 Visa?

  • Applicants must be citizens of one of the treaty countries. 
  • The investment must be substantial. 
  • The investment must be dedicated to the business and must be at risk. The source of the investment must also be demonstrable.
  • The business must be actively managed and operational, with a clear business plan.

E-2 visa can be applied for any kind of investment. It is important to show in the application that all the criteria listed above are met. Therefore, an entrepreneur who meets the criteria listed above will be able to apply for an E-2 visa.

What is the Amount of Investment Required to Obtain an E-2 Visa by Opening a Restaurant?

The amount of investment is not specifically determined by USCIS so it can vary depending on the type and location of the business. However, in general, the minimum investment required for an E-2 Visa can be around $100,000. This amount may increase depending on the size and needs of the business.

What Should You Consider Before Opening a Restaurant in the United States?

  • The location of the business, target customer base and market analysis should be done.
  • Local legal regulations and health and safety standards must be met.
  • Menu planning and supplier choices should be made strategically.
  • The E-2 visa must have a business that goes beyond supporting the applicant and his or her family, and the business must be able to demonstrate an economic impact.
  • Although there is no specific investment amount for the E-2, proving a “substantial” investment in a real business can be difficult for small businesses. But with a good business plan, this process can be resolved.
  • For restaurants, it can be difficult to explain why the business needs to be in the US. Explanations may include the aim to better serve US customers, to provide reliability, and to provide better logistics and profit margins than imported products. It can also be said that having a restaurant in the US will give the business a local reputation.
  • It can be good to be active on social media beforehand. Establishing a presence can be beneficial because it can show there is a tangible market.

What are the Permits and Licenses Required to Open a Restaurant in the US?

The permits and licenses that restaurant operators must obtain include a health permit, a business license, an alcoholic beverage sales permit, and a fire safety certificate. In addition, hiring permits and training certificates for employees must also be completed.

How Can You Obtain an E-2 Visa to Open a Restaurant in America?

To obtain an E-2 Visa, a clear business plan must be prepared and the source of the investment must be documented clearly before the application is submitted. The whole process can vary depending on the circumstances but it can be said that it usually takes 4 to 6 months.

Step-by-Step E-2 Visa Application Process for Restaurant Owners

  • Business and market analysis should be done.
  • A detailed business plan should be prepared.
  • The source and amount of the investment must be documented.
  • Necessary permits and licenses shall be obtained.

Creating a Business Plan

It is very important to have a detailed business plan summarizing the activities, growth strategies, financial projections, and potential for job creation.

Documentable Investment

The source of investment should be transferred to the business and all of the resources should be dedicated to the business. Sources and uses of funds should be documented and presented as evidence of this.

Application

An application package should be prepared and submitted, including forms, commercial documents, and individual documents. The process varies depending on the circumstances of the application but usually takes between 4 and 6 months.

What is the Process After the E-2 Visa is Approved?

Once the E-2 Visa is approved, the investor and his/her family can move to the US. The business must be operated successfully and the investment must be maintained. During the visa period, the development of the business and its economic contributions are reviewed. It should be noted that E-2 is a visa type that depends on the active continuation of the business per the conditions.

Carry out your E-2 Visa Process with our Expert Immigration Lawyers

It is recommended that the process be supervised by specialized immigration lawyers. Our attorneys, who are very well experienced in E-2 visas, can help yo prepare all necessary documents and establish strategies during the application process.

Frequently Asked Questions about Obtaining an E-2 Visa to Open a Restaurant in the US

Can I Bring My Family to the US on an E-2 Visa After I Open a Restaurant?

Yes, E-2 Visa holders can bring their spouses along with their children under the age of 21. The spouses are allowed to get a work permit as well.

How Much Money Do I Need to Open a Restaurant in the US?

It can vary. However, an investment of at least $100,000 is usually required for an E-2 Visa.

What are the Documents Required for Restaurant, Cafe, and Food Truck Investments?

The documents needed include a concrete business plan, financials, paperwork showing the source of the investment, and business licenses, health and safety certificates.

How Long Does It Take to Get an E-2 Visa for Restaurants?

The process varies depending on the application and individual circumstances but usually takes 4 to 6 months.

Can You Get Citizenship or a Green Card with an E-2 Visa?

The E-2 visa allows you to legally reside in the United States but it does not allow you to get a Green Card or obtain citizenship.

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