One of the most common reasons for E-2 visa delays or denials is failure to prove that the business is “real and operating.”
If you’re applying for an E-2 Treaty Investor Visa, simply having an idea or forming an LLC is not enough. The U.S. government requires proof that your business exists, is active, and is ready to operate immediately or is already operating.
At Legal Reliance, we help clients present strong, compelling E-2 applications that meet the exact expectations of U.S. consulates and USCIS. In this post, we explain what “real and operating” means, why it matters, and what kind of evidence can prove it.
What Does “Real and Operating” Mean for the E-2 Visa?
The E-2 visa is not designed for passive investors or future ideas. To qualify, your business must be:
- A legitimate, for-profit enterprise
- Physically located and functional
- Offering goods or services to actual or potential customers
- Actively moving toward or already generating revenue
You must show that the business is not just formed on paper, but that it has a physical and economic presence in the U.S.
Why Is This Requirement So Important?
The E-2 visa is granted to entrepreneurs who are coming to the U.S. to direct and develop a business not just to live in the U.S. with a company that isn’t functional. If your business isn’t clearly operational, consular officers may see it as a “marginal” or speculative venture, which could lead to denial.
Documents That Prove Your E-2 Business Is Real and Operating
At Legal Reliance, we help clients prepare and organize the following documentation to support this critical requirement:
1. Business Licenses and Permits
Make sure your business holds all required local, state, and federal licenses. These show you’re compliant and legally ready to operate.
2. Commercial Lease or Office Agreement
A physical presence—like an office, storefront, or warehouse—goes a long way in proving legitimacy.
3. Active Business Bank Account
Show recent deposits, business expenses, and ongoing financial activity. This signals real operations.
4. Signed Contracts or Invoices
Whether you’re providing a service or selling a product, client contracts and sales invoices are strong evidence that your business is active.
5. Payroll Records or Employment Agreements
If you’ve hired U.S. workers or plan to, provide W-2 forms, pay stubs, or job offers.
6. Website, Social Media, and Marketing Materials
These support your business visibility and customer outreach. A professional online presence adds credibility.
7. Inventory, Equipment, or Service Assets
Photos, receipts, or vendor agreements proving you’ve purchased goods, tools, or equipment used in the business.
What If Your Business Isn’t Operating Yet?
If your business hasn’t officially launched but is close to doing so, you may still qualify but only if you’ve already made a full financial commitment. You must show that your investment is:
- Irrevocably committed (money has already been spent or contracts signed)
- At risk (not refundable or hypothetical)
- Tied to a business that’s set to open shortly after your visa approval
Example: If you’re opening a small restaurant, you should already have signed a lease, purchased kitchen equipment, hired staff, and begun marketing—even if you haven’t opened the doors yet.
Common Mistakes to Avoid
- Submitting only your LLC registration and bank account not enough
- Not showing proof of real clients, leads, or operations
- Waiting until after approval to spend investment funds
- Using vague or future-tense business plans
Legal Reliance Helps You Build the Right Evidence
We work with E-2 visa applicants worldwide to prepare documentation that meets both the letter of the law and the unwritten expectations of U.S. consulates. Our team helps you:
- Understand what documents carry the most legal weight
- Strategically time and present your investment evidence
- Avoid red flags and costly rejections
Conclusion: Show, Don’t Just Tell
Proving your E-2 business is “real and operating” is one of the most important elements of a successful application. Without clear, credible evidence, even a strong investment and business plan may be denied.
If you’re not sure whether your business qualifies or how to prepare your documents, Legal Reliance is here to help. We’ll guide you through every step of the process and make sure your application is built on a solid legal foundation.
Book a consultation today and let’s take your business and your future to the U.S.
