E-2 Visa Qualified Business: Steps To Own A Restaurant In USA

Quick Summary:

If you and your business partner dream of buying and running a restaurant in New York, the E-2 Treaty Investor Visa may be your best path forward. With the right investment, a clear structure, and legal planning, one of you can start as the investor while the other joins later as an investor or essential employee. This guide explains your options, requirements, costs, and step-by-step considerations.

Understanding Your Options to Buy and Operate a U.S. Restaurant on a Visa

The E-2 Treaty Investor Visa is the most practical and flexible option for foreign nationals who want to purchase and operate a restaurant in the U.S. Other possibilities like L-1 or EB-5 exist but have higher thresholds or different requirements.

The E-2 visa allows a treaty country national to make a “substantial investment” in a qualifying U.S. business, actively manage it, and stay in the U.S. to grow it.

To buy and operate a restaurant in New York, the best option is usually an E-2 Treaty Investor Visa, which requires a substantial investment in a U.S. business, proof that funds are at risk, and an active management role. Alternative visas like L-1 or EB-5 may be considered based on circumstances.

Practical Insight:

For a small to mid-sized restaurant, an investment around $60,000–$150,000 is often seen as credible, depending on the location, condition, and growth potential. A New York City restaurant may demand a higher figure, while a small-town establishment may qualify at the lower end.

The E-2 Visa Requirements

The E-2 visa has specific requirements regarding nationality, investment, and the business itself. USCIS and consulates carefully check that the business is real, active, and has growth potential.

The key E-2 visa requirements that must be met are nationality, substantial investment into a real and operating business, funds that have been put at risk and the intention to develop and direct the enterprise.

Checklist of Core Requirements:

• The E-2 investor must be from an E-2 treaty country (Canada, Pakistan, UK, most of Europe, etc. qualify; India and China are not on the list) and E-2 country nationals must own no less than 50% of the business.
• Substantial investment: No fixed minimum, but it must be proportional to the total cost of the business.
• Funds at risk: Money must be committed/spent before the visa application (escrow accounts are commonly used).
• Business viability: Must not be marginal; it should create U.S. jobs or show growth potential.
• Active role: You cannot just be a passive investor- you must direct daily operations.

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Investment Amount: How Much Do You Need to Buy a Restaurant?

The amount required for an E-2 varies by business type and location, but restaurants are strong candidates because they are labor-intensive and create jobs.

The E-2 visa minimum investment is not fixed, but for restaurants, consulates typically expect at least $75,000–$100,000 in smaller towns and $150,000+ in major cities like New York.

Example Scenarios:

• Buying a small-town diner: Investment of ~$75,000 may qualify if it covers purchase, renovation, and initial payroll.
• Operating a mid-size New York café: Expect to show ~$150,000 to demonstrate credibility and sustainability.
• Acquiring a profitable franchise: Higher investments ($200,000+) are common but also carry stronger approval odds.

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Structuring The Two-Partner Model: Investor And Essential Employee

When two partners want to run a business together, structuring roles properly is critical.
Instead of qualifying both partners as investors, a simpler approach is for one partner to apply as the E-2 investor and the second partner to join later as an E-2 essential or supervisory employee.

How This Works:

• Step 1: One partner applies as the investor, purchasing the restaurant and obtaining the E-2 visa while at the same time registering the company as an “E-2 company.”
• Step 2: After approval, the second partner, who is from the same treaty country, can apply as an essential or supervisory employee, showing their managerial skills, specialized knowledge, or role critical to operations.
• Step 3: Both partners can then legally work in the restaurant, with clearly defined roles.

Key Tip: It’s better not to apply for 2 E-2 Investor Visas simultaneously. Apply sequentially so that any issues that arise during the 1st visa application can be resolved for the 2nd application.

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Process And Timeline For The E-2 Visa

It usually takes 3–6 months from preparing the business investment to receiving an E-2 visa, though timelines vary by U.S. Embassy.

Step-By-Step Process:

1. Business Purchase Agreement: Negotiate purchase, purchase the business or place funds in escrow.
2. Business Plan: A 5-year plan showing growth, revenue, and U.S. job creation.
3. Documentation: Proof of funds transfer, incorporation, lease, payroll setup, etc.
4. E-2 Petition Filing: Submitted to U.S. Embassy or USCIS.
5. Interview: You may be called for an interview to confirm investment details.
6. Visa Approval: Typically granted for 2–5 years, renewable indefinitely as long as the business operates.

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Practical Considerations Before Buying An E-2 Visa Business

Many investors consider purchasing an existing restaurant to speed up the visa process.
Buying an E-2 visa business can strengthen your case because it shows the business is already operational and capable of supporting employees.

Considerations:

• Due diligence: Confirm financials, debts, and licenses.
• E-2 visa qualified business for sale: Not every business qualifies, avoid “shell” companies with no real activity.
• Name change flexibility: You can rebrand the restaurant without immigration problems.
• Legal guidance: An E-2 visa lawyer can ensure contracts, escrow, and structure comply with immigration requirements.

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Comparing Alternatives: L-1 and EB-5 Visas

For some investors, alternatives to the E-2 may be worth considering, depending on nationality and goals.

While the E-2 visa is the most flexible for small restaurant operators, the L-1 visa works if you already own a foreign company, and the EB-5 Green Card requires a minimum $800,000–$1,050,000 investment and job creation.

Comparison:

• E-2 Visa: Lower investment, renewable indefinitely, but no direct Green Card path unless you have a business abroad.
• L-1 Visa: For business owners expanding from abroad, can lead to EB-1C Green Card.
• EB-5 Visa: High investment, permanent residency path, but slower and more expensive.

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Conclusion: Choosing The Best Path for Your Restaurant Dream

Starting a restaurant in New York is an exciting journey, but immigration strategy is as important as the business plan itself. For most entrepreneurs, the E-2 investor visa is the smartest starting point, with the option to bring your partner as an essential employee. Careful planning of the investment, structure, and process can turn your vision into reality.

VisaPro has successfully guided countless investors and entrepreneurs in purchasing restaurants, navigating E-2 requirements, and structuring partner involvement. Let us help you build the right strategy for your restaurant future in New York.

Schedule your free strategy call with VisaPro today.

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FAQs: Buying And Operating a Restaurant on an E-2 Visa

1.What is the E-2 visa minimum investment to buy a restaurant?

There is no fixed minimum for the E-2 Visa, but for restaurants, consulates often expect at least $75,000–$100,000 in smaller towns and $150,000+ in New York City. The investment must be proportional to the business size and show job-creation potential.

2.Can I buy an E-2 visa qualified business for sale in New York?

Yes. Many restaurants and cafés on the market qualify for E-2 if they are operational, employ U.S. workers, and have growth potential. Always conduct thorough due diligence before purchase.

3.How can my partner also work in the restaurant under an E-2 visa?

Your partner may apply as an E-2 investment visa if they are investing their own funds or can apply as an E-2 essential employee once the investor visa is approved. They must show specialized skills or a critical management role in the restaurant.

4.Do I need an E-2 visa lawyer to buy a restaurant and apply?

While not legally required, working with an E-2 visa lawyer greatly increases approval chances. They ensure funds, contracts, and the application package meet USCIS and consular standards.

5.What is the best business for E-2 visa approval?

Restaurants, franchises, and service businesses that create U.S. jobs are among the best business for E-2 visa approval. Marginal or paper-only businesses are often denied.

Ready to turn your restaurant dream into reality?

VisaPro has helped countless entrepreneurs successfully secure their E-2 visas, purchase thriving restaurants, and bring their partners onboard as essential employees. Don’t risk delays, denials, or costly mistakes. Let our team of trusted attorneys guide you every step of the way.

👉 Schedule your free strategy call with VisaPro today and take the first step toward owning and operating your restaurant in New York.

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