Entrepreneurs hoping to relocate to the United States in 2027 or 2028 year should treat the coming months as part of the immigration timeline, but not just as a waiting period. An E-2 case often requires substantial work before a visa application can even be filed, including establishing or acquiring a US business, committing investment funds, documenting their source, and preparing a credible operating plan.
What Changed
No new E-2 rule, government fee, or application form was announced in the available information. The important development is practical: families planning 2027 or 2028 move are entering the period when business, immigration, and relocation decisions should begin to converge.
The E-2 visa may allow a qualifying treaty investor to live and work in the United States to develop and direct a US enterprise in which the investor has made a substantial investment. But the visa application is generally not the first step. Before filing, an investor may need to:
- Create a new US company or acquire an existing business;
- Select an appropriate ownership and investment structure;
- Irrevocably commit funds to the enterprise;
- Document the lawful source and movement of the invested capital;
- Prepare a detailed five-year business plan with financial projections; and
- Assemble evidence concerning the investment, operations, and viability of the business.
For applicants using consular procedures, the relevant U.S. Embassy or Consulate should be consulted, as different U.S. Embassies and Consulates may have specific requirements. For example, certain U.S. Embassies require business plans to be prepared by a Certified Public Accountant (CPA). Appointment availability and unexpected case developments can affect the overall schedule, making it risky to plan around an assumed interview date.
Who Is Affected
This timing issue is especially relevant to any foreign entrepreneurs intending to launch or purchase a business in the United States and relocate during 2027-2028 period.
A legally married spouse and unmarried children under age 21 can generally accompany the principal E-2 investor as dependents. It should be taken into account that documents such as marriage certificates issued in a language other than English must be properly translated into English and certified.
E-2 spouses are generally authorized to work based on their status after admission to the United States. Children may accompany the investor but should also be considered in light of local requirements, including school enrollment and participation in classes.
What Applicants Should Do
The initial planning process should answer several core questions:
Assess the overall advantages and disadvantages of relocating to the United States in order to make a well-informed decision;
Generally assess whether the investor meets the eligibility requirements for an E-2 visa. The initial screening may be completed through our website: E-2 Eligibility Screening;
Develop a preliminary financial and business plan by addressing key business-related questions, including whether the investor intends to establish a new enterprise or acquire an existing operating business, the proposed amount of investment, the availability and source of funds, projected profitability, hiring plans, and other relevant considerations.
Investors should preserve records as transactions occur. Bank statements, transfer confirmations, contracts, invoices, leases, corporate records, and proof of business expenditures can be more difficult to reconstruct later. Business decisions should also be reviewed through an immigration lens before funds are committed, because ownership, control, and the conditions attached to an investment can affect the case.
What This Means for E-2 Applicants
For E-2 applicants, early preparation creates options. It provides more time to compare business structures, investigate an acquisition, document complicated sources of funds, negotiate commercial commitments, and develop projections grounded in a realistic operating plan. Starting early does not mean filing immediately; it means sequencing the investment so that commercial actions support the eventual immigration record.
A common planning error is to separate the visa case from the business launch. In practice, the two are closely connected. A lease, bank transfer, vendor agreement, or purchase contract may be both a commercial decision and a key piece of immigration evidence. Applicants should coordinate legal, financial, and operational steps rather than asking immigration counsel to reconstruct the strategy after every transaction has been completed.
This article is for general information only and is not legal advice.
