Last Updated on October 5, 2025 by Anda Malescu
The article discusses E2 visa for software company. Before discussing the particularities of E2 visa for a software company, let’s review the general E2 visa requirements.
The E-2 visa is a nonimmigrant visa designed for entrepreneurs and investors who make a substantial investment in a US business, allowing them to live in the US and actively develop their business. This visa is exclusively available to investors from treaty countries (countries that maintain a treaty of commerce and navigation with the US). To learn more about the requirements visit our E2 visa page.
Moreover, investors can bring E-2 employees in executive, managerial, or specialized roles essential to the firm’s operations in the U.S.
If you are not a national of an E2 treaty country, you may be able to first obtain another citizenship through investment from a country that has an E2 treaty, for example Grenada. For more information visit our page on E-2 with Grenada citizenship.
Immediate family members, spouses and children under 21, can accompany the E2 investor. The visa can be renewed indefinitely as long as the investor meets the conditions for the E2 visa. To learn more about spouses of E2 visa holder visit Can Spouse Work in E2 Visa? and E2 visa for Spouse, Children and Family Members.
You can apply for E2 visa at a US Consulate abroad or via change of status to E2, if you are physically present in the US. Keep in mind that applying for E2 while in the US is possible under certain circumstances, but is not available to individuals travelling to the United States on ESTA.
E2 Visa for Software Company
Many entrepreneurs and investors with the means to start US venture often wonder which is the best business for an E2 visa? Our experience shows that the ideal E2 business is the one the investor already has expertise in.
Given that the software industry has been a major driver of wealth creation worldwide, we find that many potential E2 investors already have substantial experience developing or selling software products.
How to get an E-2 visa for a software company?
A. Purchasing an existing business
One option is to purchase a fully operational software company, with employees, existing clients and vendors. This option requires the least work on the part of the investor, but it comes with its own set of problems and challenges.
The main challenge will be the price of the business. If the company is profitable and without major issues the seller will want to get paid accordingly. Software companies typically sell for 3 to 5 times revenue, which means a company with an annual revenue of $200,000 could sell from $600,000 to $1 million.
Other challenges include retaining key employees, non-compete agreements with employees and the seller, contracts with clients and vendors that are expiring and need to be renegotiated, or licensing agreements with clients for the use software that will lead to a significant revenue reduction upon expiration.
B. Starting a new software company
A second option is to start a software company in the United States.
Pursuant to E2 visa regulations, investors seeking an E2 visa must have invested or be in the process of making a substantial investment in a US business. This does not mean that the entire investment funds must be spent before applying for the visa.
To qualify for an E2 visa, the investor must spend enough capital to be close to starting the software company’s operations, while reserving adequate funds in the bank for working capital. The less you initially invest, the more you need to spend upfront to obtain approval.
A software business possesses a unique challenge for E-2 investment spending because it relies primarily on human capital (recruitment, salaries and wages) rather than substantial upfront expenditures on physical assets or inventory.
Some of the upfront investments that will be recognized for E2 visa purposes include equipment, such as computers, servers and printers, professional services, costs of setting up the company, as well as any initial payments for renting an office, first, last month rent and deposit.
However, most of the costs for a software company are ongoing. That includes employee salaries, a very large expense item for software companies. Other ongoing costs are associated with acquiring new clients, such as marketing and advertising expenses.
E2 investors who choose to start a software company can hire staff and start marketing the company prior to sending their E2 visa application. That may show US consular officers that a higher proportion of the E2 investment capital has been spent, strong commitment on part of the investor and a greater probability that the business venture will succeed.
Hiring US software development staff can be problematic during the initial stages of the business because of the high salary requirements and scarcity of such specialists. It may be prudent to start with hiring marketing and sales staff first, such as business development specialists.
Minimum investment for a software business?
For an E2 visa for software company the money you need depends on the software product or service being offered. and your business model. For a company that offers custom-build solutions for small businesses $100,000 to $200,000 may be enough, although some cases may be approved with less.
Companies that are building complex software with a long development cycle may need to invest more capital to get them through until they start generating revenue.
Malescu Law can assist
If you an investor, entrepreneur or software engineer looking to start a software company and get an E-2 visa for the US, contact us or book a consultation with our E2 visa lawyers.
Contact us, your experienced immigration lawyers to schedule an appointment for your immigration case and find out more about other E-2 visa success stories and approvals and E-2 visa renewal process, other investment visa options and other visa options to start a business in the US.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
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