Introduction

If you’re in the U.S. on an E-2 visa or considering applying for one, you might be wondering: Can I run an online business on an E-2 visa? The E-2 visa is designed for foreign nationals who invest in a U.S. business and want to live and work in the country to direct and develop that enterprise. But does that include digital, remote, or online-only businesses?

In this blog post, we break it all down from E-2 visa rules to the types of online businesses that qualify, and what you must keep in mind to stay compliant.

What is an E-2 Visa?

The E-2 Treaty Investor Visa is a non-immigrant visa allowing citizens of certain countries to enter and work in the U.S. based on substantial investment in a U.S. business.

Key Requirements:

• You must be from a treaty country.
• You must have invested, or be in the process of investing, a substantial amount.
• The business must be active, for-profit, and not marginal.
• You must direct and develop the enterprise.

So, Can You Run an Online Business on an E-2 Visa?

Yes but with important caveats. Running an online business on an E-2 visa is possible as long as the business meets all the same criteria as any other E-2 eligible venture.

The Business Must Be Active

Passive investments like real estate or stocks are not allowed. An online business must have operations, employees (in most cases), and clear value to the U.S. economy.

Substantial Investment

Even if it’s an online company, you need to invest a significant amount of capital, typically over $50,000 (though it depends on the business model).

U.S.-Based Operations

Even though it’s online, your company should be based in the U.S., registered legally, and ideally operating with a U.S. business address and bank account.

Job Creation

While not strictly required, the business must not be marginal meaning it should generate more than just enough income for you and your family. Hiring U.S. workers can strengthen your case.

What Type of Online Businesses Work Well for E-2 Visa?

• E-commerce Stores –Selling physical goods via Shopify, Etsy, or Amazon.
• Digital Marketing Agencies Offering SEO, social media, or PPC services.
• Software-as-a-Service (SaaS) Offering a web app or online tool.
• Subscription Boxes Physical or digital content boxes shipped regularly.
• Online Education Platforms Courses, coaching, or skill training.
• Creative Agencies Providing web design, video editing, or branding.

What Doesn’t Work?

Avoid businesses that are:

• Solely freelance or solopreneur work.
• Passive income only (like dropshipping with no employees).
• Unregistered or offshore-only operations.
• Involve speculative investment (crypto trading, for example).

Legal and Immigration Tips

• Consult with an immigration attorney before launching or investing.
• Have a detailed business plan, especially showing how the business will grow and employ others.
• Document your investment bank records, receipts, contracts, etc.
• Be ready for renewal prove the business is viable and growing when renewing the visa.

Frequently Asked Questions (FAQs)

❓ Can I switch to an online business from my current E-2 company?

Only if it’s part of a new investment or meets E-2 compliance. You may need to file an amendment or reapply.

❓ How much do I need to invest in an online business for the E-2?

Usually $50,000–$100,000, but it depends on your business model. The investment must be proportional and at risk.

❓ Can my spouse work if I’m running an online business on E-2?

Yes. E-2 spouses can apply for work authorization and work for any employer or start their own business.

❓ What if I run a remote team abroad does that count?

Yes, but your business must still create value in the U.S., pay U.S. taxes, and ideally hire locally as well.

Conclusion

The E-2 visa opens doors for entrepreneurs including those in the online space. With the right planning, an online business can meet E-2 requirements, grow in the U.S. market, and even scale internationally.

Just remember: your digital business must still act like a real, job-creating, and growth-oriented company not just a laptop lifestyle operation.

Thinking of applying or shifting to an online model? Talk to a qualified immigration lawyer today.