FAQ (Frequently Asked Questions)
OWNERSHIP & VISAS
Can I buy a business in the U.S. as a foreigner?
Yes. You can own 100% of a U.S. business without a visa. Ownership is a legal right independent of immigration status. What you need is work authorization to operate the business (if you plan to work in it). Critical distinction: ownership ≠ work.
Do I need a visa to own a business?
No. Ownership is a legal right independent of immigration status. A company can have a 100% foreign owner. A visa is required only if you personally intend to manage or work in the business.
What is the E-2 Investor Visa?
It is a temporary visa for citizens of countries with a commerce treaty with the U.S. It allows you to live and work in your business in the U.S. for renewable periods (typically 5 years). It does not lead directly to a green card but is indefinitely renewable.
Do Italy, Colombia, Mexico, and Argentina qualify for E-2?
Yes. All four countries have active E-2 treaties with the U.S. If you are a citizen of any of these countries, you qualify to apply for E-2. Spain also has an active treaty. Brazil does NOT have an E-2 treaty.
INVESTMENT & E-2 REQUIREMENTS
How much do I need to invest to qualify for E-2?
There is no official minimum. The rule is “substantial investment” at risk. In practice in Florida: small businesses ($100K-$300K) are viable. Larger businesses need more documentation, but there is no maximum limit.
Can I buy 50% of a business for E-2?
Most cases require 100% or demonstrable majority control. Being a minority partner is much harder to get approved. USCIS wants to see that YOU direct the business.
Does the E-2 visa lead to a Green Card?
Not automatically. E-2 is a non-immigrant visa. However, as long as you have a renewed E-2, you can live indefinitely in the U.S. For a green card, you would need another route (EB-5, family, employment sponsorship).
FINANCING & SBA 2025
What changed with SBA loans in March 2025?
CRITICAL CHANGE: As of March 7, 2025, E-2 visa holders DO NOT qualify for SBA loans. Previously, 51% US ownership was enough. Now, 100% ownership by citizens or residents (Green Card) is required.
How do I finance my business if I don't qualify for SBA?
- Seller Financing: The seller finances part of the price (most common).
- Conventional bank loans: Require 20-30%+ down payment, higher rates.
- Asset-based lending: Loans backed by business assets.
What is Seller Financing?
The seller finances part of the purchase price. Typical: 10% of the entire amount, but it can be more, case by case. IMPORTANT for E-2: the seller-financed portion does not count as “investment at risk” for the visa. You must have enough own capital for the down payment.
What is the difference between E-2 and EB-5?
- E-2: Temporary, renewable, lower investment ($100K-300K), fast process (3-6 months). Does not lead to Green Card.
- EB-5: Permanent (Green Card), high investment ($800K-$1.05M minimum), slow process (2-3 years).
RISKS & PROTECTION
What happens if my E-2 visa is denied after buying?
It is a real risk. That’s why we recommend:
- Verify eligibility BEFORE buying.
- Use an Escrow account conditioning funds release on visa approval.
- Negotiate exit clauses with the seller.
What is an Escrow account?
It is a neutral third-party account that holds money until conditions are met (like visa approval). It protects your investment. We always recommend using it.
PROCESS & TIMELINE
How long does it take to buy a business?
Typical: 60-90 days. With E-2 documentation: 90-120 days. We recommend checking E-2 eligibility BEFORE making an offer.
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