Successful Five-Year E-2 Visa for a Czech Entrepreneur Creating a U.S. Kitchen Design and Import Business

Juras Law Firm successfully represented a Czech entrepreneur who created a new U.S. kitchen design and import company. The investor formed and wholly owns the U.S. company, secured commercial premises for a kitchen design studio, and developed a business that designs customized kitchens for U.S. customers and imports European kitchens into the United States.

The principal investor received a five-year E-2 treaty investor visa. His spouse and child also received derivative E-2 visas, allowing the family to relocate to the United States together.

This case addresses one of the most important questions prospective E-2 investors ask:

How much must I invest, and will my proposed investment qualify as a substantial E-2 investment?

The law does not provide a fixed minimum investment amount for an E-2 visa. The investment must instead be “substantial” in relation to the actual cost of creating or purchasing the particular enterprise.

In this case, the application connected the investor’s ownership, lawful source of funds, international transfers, committed business expenditures, commercial premises, professional experience, and plans for future growth into one consistent presentation.

E-2 Case Overview

Investor: Citizen of the Czech Republic

U.S. enterprise: Newly created kitchen design and import company

Ownership: 100% ownership of a U.S. limited liability company

Business model: Designing customized kitchens for U.S. customers and importing European kitchens into the United States

Business premises: Kitchen design studio secured through a commercial sublease

Source of investment: Personal funds generated through the investor’s business activities in the Czech Republic

Investor experience: Approximately 11 years of business experience

Family: Spouse and one child

Outcome: Five-year E-2 visa for the principal investor and derivative E-2 approvals for his spouse and child

Creating a New U.S. Kitchen Design and Import Business

The investor did not purchase an existing American company. He created a new U.S. enterprise.

He formed a limited liability company and retained 100% ownership. The company’s Articles of Organization, Operating Agreement, and membership certificate documented his ownership and control of the enterprise.

The company combines two closely related business functions:

1. It provides customized kitchen-design services to U.S. customers; and
2. It imports European kitchens for sale in the United States.

Customers work with the company through its U.S. kitchen design studio to develop customized plans, select kitchen configurations, and choose products and finishes. The company then orders the kitchens from European manufacturers and imports them into the United States.

The design component is central to the enterprise. This is not simply a company purchasing foreign products for resale. It is a specialized U.S. design and import business that serves customers through a physical commercial studio.

Securing and Developing the Kitchen Design Studio

An important step in creating the enterprise was securing appropriate commercial premises.

The company operates from space obtained through a commercial sublease. The premises serve as a kitchen design studio where the company meets customers, provides design services, and displays kitchens, appliances, and available design options.

The E-2 application included the commercial sublease and photographs of the completed studio. These materials helped establish that the business had progressed beyond formation and planning and had a physical location appropriate for its operations.

The investor also committed funds to the practical development of the enterprise. His documented expenditures included:

• A vehicle used in the business;
• Computer equipment;
• Appliances and studio-related purchases;
• Marketing;
• Payroll; and
• Other start-up and operating expenses.

The application organized these expenditures in an investment summary supported by invoices, payment records, receipts, and bank statements.

The evidence therefore showed more than a newly organized LLC or money being held in a business account. It demonstrated that the investor had placed his capital “at risk” and that the Company is real and ready to begin operations upon approval of the E-2 visa.

How the Investor Demonstrated a Substantial E-2 Investment

A qualifying E-2 investor must invest, or be actively in the process of investing, a “substantial” amount of capital in a bona fide U.S. enterprise. The E-2 category does not impose one fixed minimum investment that applies to every type of business.

Whether an investment is substantial depends on its relationship to the actual cost of creating or purchasing the particular enterprise. The investment should also demonstrate the investor’s financial commitment and support the likelihood that the investor will successfully develop and direct the business.

The amount required for a design studio may therefore differ significantly from the amount required for a manufacturing facility, restaurant, hotel, logistics company, or other capital-intensive enterprise.

In this case, the substantial-investment analysis considered:

• The overall cost of creating the kitchen design and import company;
• The cost of securing and developing the studio;
• The equipment and appliances required for the business;
• The vehicle, computer, marketing, payroll, and operating expenses;
• The amount already committed to the enterprise; and
• The capital required to continue operating and growing the company.

The application did not present the investment as an unexplained total. A successful E-2 application must clearly demonstrate that the investment is substantial. This is where Juras Law Firm’s experience is particularly valuable. We include a detailed attorney’s legal brief explaining how the facts and supporting evidence satisfy each E-2 eligibility requirement, including the substantial-investment requirement.

Documenting the Lawful Source and Path of Funds

The investor used personal funds generated through operating his business in the Czech Republic. The application therefore needed to establish two related but separate points:

The lawful source of the funds.
The financial documentation demonstrated that the investor generated the funds through legitimate business activity in the Czech Republic.

The path of the funds into the U.S. enterprise.
Bank statements and transfer records traced the funds from the Czech Republic into the United States and then into the expenditures used to establish and operate the company.

A detailed financial summary organized the source, movement, and use of the investment funds chronologically. This allowed the reviewing officer to follow the investment from its lawful origin through the international transfers and into the U.S. business.

Demonstrating a Real and Operating Enterprise

An E-2 investment must be placed in a real, active, and bona fide commercial enterprise. Funds held for an idle investment do not establish an operating E-2 business.

The application clearly demonstrated that the Company was ready to begin operating its U.S. kitchen design studio upon approval of the E-2 visa.

Preparing an E-2-Compliant Business Plan

The application included an E-2-compliant business plan containing detailed start-up costs and five-year financial projections.

Addressing the Non-Marginality Requirement

An E-2 enterprise must have the present or future capacity to generate more than enough income merely to provide a living for the investor and the investor’s family, or otherwise make a significant economic contribution.

The application addressed this requirement through the company’s five-year projections, staffing plans and agreements, anticipated revenues, operating expenses, and growth strategy. These projections were evaluated together with the company’s commercial premises, employment arrangements, actual expenditures, and operating activity.

The evidence presented the company as an enterprise intended to grow and employ workers—not merely as a means of self-employment for the investor.

Demonstrating the Investor’s Ability to Develop and Direct the Enterprise

The investor has more than 11 years of business experience.

His résumé and professional background demonstrated that he possesses the knowledge and experience necessary to develop and direct the U.S. kitchen design and import company. His prior business record also supported the credibility of the company’s operational strategy and financial projections.   The principal investor now directs the company’s U.S. operations, develops its customer base, oversees the design studio, and manages the import and sale of European kitchens.

Successful E-2 Visa Outcome

The completed application presented a coherent record demonstrating:

• Creation of a new U.S. enterprise;
• The investor’s 100% ownership and control;
• A physical kitchen design studio secured through a sublease;
• A business that designs customized kitchens and imports European kitchens;
• A lawful and documented source of investment funds;
• Traceable international transfers;
• A substantial investment committed to actual business expenses;
• A real and operating enterprise;
• An E-2-compliant business plan addressing the essential elements of the investment;
• Capacity for future growth and employment; and
• An experienced entrepreneur qualified to develop and direct the company.

The principal investor received a five-year E-2 treaty investor visa, while his spouse and child received derivative E-2 visas.

Frequently Asked Questions About E-2 Visas

Can a newly created U.S. business qualify for an E-2 visa?

Yes. An investor does not have to purchase an existing business. A newly created enterprise may qualify if the investor makes a substantial investment, commits the funds to the business, establishes a real and viable U.S. enterprise, and will develop and direct its operations.

Can a kitchen design and European import business qualify?

Yes, provided the enterprise satisfies all applicable E-2 requirements.  In this case, the company operates a U.S. kitchen design studio, provides customized design services to American customers, and imports European kitchens into the United States.

Can the business operate from subleased premises?

Yes. An E-2 investor is not required to purchase commercial real estate.  Leased or subleased premises may support an E-2 application when the arrangement is genuine, appropriate for the business, and consistent with the company’s actual operations.

How long are E-2 visas issued for?

E-2 visa eligibility and the maximum visa validity available to an investor are based on the applicable treaty between the United States and the investor’s country of nationality. The permitted validity therefore varies among E-2 treaty countries. Czech nationals may receive multiple-entry E-2 visas valid for up to five years. In this case, the investor received a multiple-entry E-2 visa valid for five years.

Can I renew an E-2 visa?

Yes. An E-2 visa may be renewed if the investor and the enterprise continue to satisfy the E-2 requirements.  A visa renewal is not automatic. The investor generally must demonstrate that the business remains real and operating, the investor continues to develop and direct it, the enterprise remains more than marginal or has the required future capacity, and all other E-2 requirements continue to be satisfied. There is no fixed overall limit on how many times qualifying E-2 status may be extended.

Can the investor’s family receive E-2 visas?

A qualifying spouse and unmarried children under 21 may generally apply for derivative E-2 visas to accompany or join the principal investor.

Czech and U.S. Legal Experience for Cross-Border E-2 Cases

Attorney Irena Juras earned her first law degree from Masaryk University Faculty of Law in the Czech Republic and later obtained a Master of Laws (LL.M.) from the University of Arizona College of Law.  She has more than 27 years of U.S. legal experience.  Her Czech legal education, U.S. legal education, Czech-language ability, and extensive U.S. legal experience are particularly valuable in E-2 cases involving Czech businesses, corporate records, financial documentation, international transfers, and newly created U.S. enterprises.

Considering Creating a Business in the United States?

Whether an investment qualifies as substantial depends on the facts and actual cost of the specific enterprise—not on a universal minimum amount.  Juras Law Firm assists foreign entrepreneurs with evaluating proposed investments, documenting each aspect of E-2 eligibility, preparing consular applications, and preparing investors for consular interviews. In addition, Czech clients often appreciate being able to discuss complex legal issues in their native language.  Schedule a consultation with Czech-speaking immigration attorney Irena Juras here www.juraslaw.com/schedule-consultation/ to discuss whether your proposed U.S. business and investment may qualify for E-2 treaty investor classification.

This case study has been anonymized to protect client confidentiality. Identifying information has been omitted or generalized. Every immigration matter is evaluated on its individual facts. This article is provided for general informational purposes and does not constitute legal advice.