How a Belgian National can Obtain a U.S. Visa by Purchasing a Franchise or Business 

How a Belgian National can Obtain a U.S. Visa by Purchasing a Franchise or Business 

If you are a Belgian national looking to purchase a business in the U.S., you are able to obtain an E-2 Investor Treaty Visa as a result. This allows you to obtain a non-immigrant visa to run and grow your new business in the U.S.. 

The E-2 Treaty Investor Visa is a nonimmigrant visa available to Belgian nationals due to a qualifying treaty of commerce and navigation with the United States and Belgium. It allows Belgian nationals to live and work in the U.S. if they are investing a “substantial” amount of capital in a U.S. business that they will actively direct or develop, rather than a passive investment. 

E-2 Requirements 

Buying an existing U.S. business rather than starting one from scratch is one of the most common paths to qualify for an E-2 visa. The following are requirements for the E-2 Visa: 

1. You must be a Belgian national

• If you are purchasing a business through a company than at least 50% of the enterprise should be owned by Belgian nationals

1. You must make a substantial investment (there is not a fixed dollar amount). The investment must be substantial relative to the total cost of the business. 

• When purchasing existing businesses you must own a controlling share

• For franchises you must provide proof of committed capital through an escrow account, to be released upon visa approval 

1. You need to provide proof of your irrevocable commitment to the business you are purchasing. This means your funds need to be at ‘risk’. You cannot place money into a U.S. bank account, you must have a signed purchase agreement, or leases to show the business you are buying is real and active. 

1. You must prove that the business you are purchasing is a non-marginal business. The company has to have the capacity to generate more income than just enough to provide a living for you and your family. The business must generate significant economic impact, like hiring local workers (creating jobs within the U.S.). 

1. You must actively manage your business. A purely passive investment in a business does not apply. To qualify for the E-2 Visa you must be going to the U.S. to actively direct and manage the business you are purchasing

Pre-Established Franchises VS Starting a Business From Scratch 

Purchasing an already existing business is a very common method for securing an E-2 Visa, and in most cases easier than establishing your own business in the U.S. from scratch. 

Pre-established franchises and businesses already provide a structured business plan, recognized marketing and branding, as well as have established track records. This makes the process of writing an immigration-specific business plan a lot easier. 

When starting from scratch, immigration officials often review business plans and applications with a lot of scrutiny. This is because the performance and impact of the business is based on assumptions and predictions. Buying an already established business or franchise is a safer option for an E-2 visa, given that it can provide historical and concrete facts of its performance for future speculative promises that are made by the foreign national wanting to run the business. 

When buying a franchise you have better credibility, it’s easier to prove it is a non-marginal business, immediate job creation, and a concrete substantial investment valuation. 

Although it is easier to obtain an E-2 visa by purchasing a business, at Blue Lake Law we have helped many clients secure an E-2 visa with a business they are starting from scratch. It is definitely do-able, but will take more time, more documentation/evidence, and you may face more skepticism from immigration officials. 

Benefits of the E-2 Visa 

Even though the E-2 Visa is a non-immigrant visa, there are still many advantages to holding it. 

1. There are indefinite extensions. The typical E-2 visa can be issued anywhere from 1-5 years, it can depend on the consular officer in the U.S. Embassy in Brussels who is conducting your interview. There is no limit on how many times you can renew the visa, as long as your business remains operational and profitable you may live in the U.S. indefinitely. 

• REMEMBER: The E-2 Visa can not automatically lead to a Green Card. Once your business closes or you sell it, your visa status ends. However, many successful E-2 Visa business owners can eventually transition to a work based visa and from there eventually obtain a Green Card. 

1. You are able to bring essential employees! Once your business grows you are able to sponsor essential employees like managers, executives, or employees with specialized skills. They must also be from Belgium. 

1. You are able to bring your family over as an extension of the E-2 visa! Spouses are able to work in the U.S. without a separate work authorization, and children are able to attend school without having to apply for a separate student visa. 

• Spouses have open work authorization, so they may work wherever they would like. 

• Children are entitled to attend public elementary and secondary schools, as well as, may qualify for in-state tuition for universities. 

1. You are able to freely travel. There are no restrictions for international travel, as long as your E-2 stamp is valid you and your family can leave and re-enter the U.S. as often as you would like. 

Application Steps

Like any other immigration case, the E-2 Visa is a structured mutli-step process. It requires you to legally commit your funds to the substantial investment before you apply for the actual visa. 

Let’s say you have already purchased the business in the U.S. and have committed funds to it, what next?

• Gather evidence and make a 5 year business plan 

• Paper trail of the source of funds, proving your investment money was legally earned 

• Must ensure your business plan is immigration-complient. It must include financial projections, marketing strategies, and a clear hiring schedule for U.S. workers 

• Corporate documents that include your lease agreement, purchase agreement, invoices, bank statements, licenses, formation papers, etc. 

• Complete the online DS-160 Non-Immigrant Application 

• This step is completed online through the CEAC website 

• Upload a passport photo

• Print and save the confirmation page of the DS-160 (DO NOT SIGN), you will take it with you to your immigration interview 

• Pay visa fees and submit your documents to the U.S. Embassy in Brussels

• Current application fee is $315

• About your document binder, this includes all supporting, business, and identity documents. Make sure to bring documents that prove you are a Belgian national. 

• Attend your immigration interview

• After the U.S. Embassy in Brussels reviews your documents, they will schedule an in-person interview. 

• At the interview you should bring copies or the original documents that you previously submitted. 

• Approval is up to the discretion of the immigration officer who is interviewing you, they will likely tell you right away if you are approved or denied

• Receive your visa stamp 

• Once approved, you will hand in your passport. It will be stamped and returned to you in 3-5 business days

• From there you are able to travel and live in the U.S. 

Blue Lake Law Can Help You Today 

Securing an E-2 visa involves far more than filling out a form, it requires building a legally sound case that satisfies immigration officers on every front. A single missing document, an unclear source-of-funds trail, or a business plan that doesn’t meet immigration standards can delay your application or result in a denial.This is where experienced legal guidance makes all the difference. At Blue Lake Law, our attorneys understand exactly what U.S. immigration officials look for in an E-2 petition. 

We work closely with you from the very beginning, helping you evaluate whether a prospective business or franchise meets the E-2 requirements, structuring your purchase agreement to satisfy the “at-risk” standard, and preparing a comprehensive, immigration-compliant business plan that presents your venture in the strongest possible light. We also help you organize the extensive documentation required, prepare you for your consular interview, and address any complications that arise along the way.

If you’re considering purchasing a business or franchise as a path to an E-2 visa, contact Blue Lake Law today. Our team is ready to guide you through every stage of the process, from your first inquiry to the moment your visa is approved.