USA E-2 Visa via a Franchise

A franchise is not a separate visa: it is the business you invest in and run under the E-2 Treaty Investor classification. This page explains how the E-2 tests apply to a franchise; the general rules are in our E-2 Treaty Investor Visa guide.

What is an E-2 visa franchise, and what is it not?

An E-2 visa franchise is a US franchise unit that a national of a treaty country buys and runs as the basis of an E-2 Treaty Investor application. USCIS and the Foreign Affairs Manual contain no franchise-specific rule: the franchise is assessed under the same substantiality, at-risk, bona fide and non-marginality tests as any other enterprise (9 FAM 402.9, read 12 October 2026).

Be clear about what you are buying:

• It is a temporary, renewable visa. Admission is for up to two years at a time, with extensions in increments of up to two years and no limit on the number of extensions, for as long as the business continues to qualify.
• It is not a green card and not permanent residence. The E-2 gives no direct path to a green card or to US citizenship; permanence needs a separate immigrant category.
• The United States has no citizenship by investment. No franchise, at any price, buys a US passport.
• Your status depends on the business. If the franchise stops qualifying, so does your E-2.

Why do investors choose a franchise for an E-2?

A franchise gives an investor without US operating experience a tested model, a brand, training and a support system. For an E-2 this helps in three ways: a documented track record makes the business plan more credible, the cost of the business is defined in writing, which makes substantiality easier to evidence, and defined staffing helps show job creation.

A franchise does not remove risk: your capital can be lost, and the agreement binds you to fees and obligations for years. The visa test is also personal: you must come to the United States to develop and direct the enterprise, which means owning at least 50% of it or holding operational control.

Who can buy a franchise for an E-2 visa?

Only nationals of a country with an E-2 treaty in force with the United States qualify, and at least 50% of the business must be owned by nationals of that treaty country. The official table in 9 FAM 402.9-10 lists 79 nationalities that can use the E-2 for a new investment today. Not eligible: mainland China, India, Russia, Brazil, Vietnam, Liechtenstein, the United Arab Emirates, Saudi Arabia, Qatar and Kuwait. Greece and Brunei are treaty trader (E-1) countries only, and Bolivia and Ecuador are closed to new E-2 investors. United Kingdom eligibility applies to UK nationals only.

Nationals of a non-treaty country sometimes qualify on a second nationality. Grenada has had an E-2 treaty in force since 3 March 1989, which is why Grenada citizenship by investment is often discussed alongside the E-2. This is a factual pathway, not a recommendation.

How much do you need to invest in an E-2 franchise?

There is no legal minimum. The Foreign Affairs Manual states that "no set dollar figure constitutes a minimum amount of investment" (9 FAM 402.9-6(D)). Instead, a proportionality test applies: the lower the total cost of the enterprise, the higher the proportion of that cost your investment must represent.

For a franchise, the total cost is the base of that test: the initial franchise fee, build-out, equipment and working capital. If you buy an existing franchise unit from its owner, the cost of an established business is generally its purchase price, which is normally the fair market value (9 FAM 402.9-6(D)c(2)). Any "E-2 minimum" you are quoted is a market convention, not the law.

Three rules shape how the money must be placed:

• Committed and at risk. Funds must be irrevocably committed to the business and exposed to partial or total loss. Money merely held in a bank account does not count.
• Your own capital. Loan proceeds secured by the enterprise's own assets generally do not count, and you must document the lawful source of every amount invested.
• In progress is acceptable. Investors actively in the process of investing may qualify. If a transaction is structured so that funds are released only once the visa is issued, whether that structure meets the commitment test is a legal question for your attorney, decided on the documents.

Is a franchise enough to pass the "not marginal" test?

Not automatically. The enterprise must not be marginal: it must have the present or near-future capacity to generate more than a minimal living for you and your family, or to make a significant economic contribution. Projected capacity should generally be realisable within five years (9 FAM 402.9-6(E)). A small, owner-only unit with no staff and thin margins can fail this test even under a strong brand. A credible five-year business plan that shows hiring is the usual evidence.

How do you check a franchise before you invest?

In the United States, franchise sales are governed by the Federal Trade Commission's Franchise Rule (16 CFR Part 436). Before you sign a binding agreement or pay the franchisor anything, the franchisor must give you its current Franchise Disclosure Document (FDD), within the minimum period the Rule sets (16 CFR 436.2). Focus on:

• Items 5 to 7: initial fees, ongoing fees and the estimated initial investment, which feed directly into your proportionality calculation.
• Item 19: financial performance representations, if any; test them against your business plan.
• Item 20: outlet and franchisee data for the last three fiscal years, including closures and transfers.
• Item 21: the franchisor's financial statements.
• Item 22: the contracts themselves, including term, renewal, territory and what happens if your visa is refused.

Mirabello does not sell franchises, does not keep an "approved" list, and does not take commissions on a franchise sale, so our view of a brand is independent.

Can you hire a manager and still develop and direct the franchise?

Yes, staff and managers are expected, but you must remain the person who develops and directs the business: strategy, finances and key decisions. Absentee-owner franchise models need care, because the consular officer looks at your role, not just your shareholding.

What does an E-2 franchise visa cost in government fees?

Government fees are the same as for any E-2, as of 12 October 2026 (full breakdown on our E-2 Treaty Investor page).

USCIS fees are from the G-1055 fee schedule (edition 10/07/26). They exclude the franchise investment itself, Mirabello's advisory fee and the independent US attorney's legal fee, which are separate. Fees change: verify them on the official source before you act.

How does the E-2 franchise process work?

1. Fit check: nationality, capital, source of funds and family.
2. Franchise selection and FDD review with your own advisers.
3. Legal assessment by an independent licensed US immigration attorney.
4. Investment committed and at risk, with the source of funds documented.
5. Business plan and evidence package prepared under counsel.
6. Application: most investors apply at a US embassy or consulate (DS-160 with the E-visa supplement, then an interview); those already in the US may file Form I-129 for a change of status.
7. Approval: E-2 admission for up to two years per entry, renewable while the business qualifies.

No single official processing time applies: timing depends on the consular post and the route. Premium processing sets a 15-business-day USCIS decision window, but only for Form I-129 change-of-status filings.

Can your spouse and children come, and can they work?

Your spouse and unmarried children under 21 can accompany you. Spouses are employment authorised incident to status: since 30 January 2022 an unexpired Form I-94 annotated "E-2S" is acceptable evidence, so your spouse may work for any US employer without a separate work permit. Children may study but not work, and generally lose derivative status at 21. You may work only for the franchise business.

Can an E-2 franchise lead to a green card?

Not by itself. E-2 is not a dual-intent visa, though an E application may not be denied solely because an immigrant petition has been filed or approved (8 CFR 214.2(e)(5)). Investors who want permanence usually plan a separate route: EB-5, which requires USD 800,000 in a targeted employment area or infrastructure project, or USD 1,050,000 otherwise, with job creation; EB-1 or EB-2 National Interest Waiver for those with the profile; or L-1A leading to EB-1C for owners of an established business abroad.

What changes for Europeans buying a US franchise?

Most European nationalities qualify for E-2. Treaty dates in 9 FAM 402.9-10: Switzerland since 8 November 1855, Spain since 14 April 1903, Austria since 27 May 1931, Italy since 26 July 1949, Germany since 14 July 1956, the Netherlands since 5 December 1957, France since 21 December 1960, Turkey (E-2) since 18 May 1990 and Portugal since 15 March 2024. Greece is E-1 only, and Liechtenstein, Cyprus, Malta, Hungary and Iceland do not appear on the E-2 treaty table. Visa validity, any reciprocity fee and the consular post that handles E visas depend on your nationality and are confirmed for each case.

Moving to run a franchise also changes your tax position. US residents are taxed on worldwide income, and an E-2 holder who meets the IRS Substantial Presence Test (at least 31 days in the current year and 183 weighted days over three years) is a US tax resident, with foreign-account reporting duties. The interaction with your home-country tax position is individual. This is general information, not tax advice: consult qualified tax counsel in both countries.

How does the franchise route compare with other US routes?

• E-2 with your own business: same visa, more freedom, no franchise fees, but no tested model.
• L-1A: for owners of an operating business abroad; dual intent and an EB-1C green-card path.
• O-1: no investment; for people with extraordinary ability, any nationality.
• EB-5: a green card, open to all nationalities, at a much higher capital level.

Every route side by side: USA immigration, every route compared.

Ask Mira, by Mirabello

For a first answer at any hour, ask Mira, by Mirabello, the AI advisor of Mirabello Immigration Intelligence. Mira can check whether your nationality is on the E-2 treaty list; a specialist then confirms your case.

How Mirabello Consultancy helps

Mirabello Consultancy advises on fit, structure and documents: whether the E-2 suits your nationality, capital and family, how a franchise offer reads against the visa tests, and your source-of-funds file. We coordinate the case from Switzerland; we are not a law firm, maintain no establishment in the United States and do not give legal, tax or investment advice. All US petitions and legal assessments are prepared and filed by independent, licensed US immigration attorneys, and outcomes are decided solely by the US authorities. To start, book a free, confidential consultation.