E-2 Treaty Investors
A national of a country with which the United States maintains a treaty of commerce and navigation who wishes to go to the United States to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital, may qualify for the E-2 nonimmigrant Treaty Investor visa.Eligibility Requirements
- The investor, either a real or corporate person, must be a national of a treaty country;
- The investor must have already invested or be in the process of investing in a U.S. for-profit business;
- The investor must have control over the investment funds, and the investment must be at risk in the commercial sense -- loans secured with assets of the investment enterprise are not allowed;
- The investment must be a real operating enterprise -- speculative or idle investments, or uncommitted funds in a bank account or similar security are not considered an investment;
- The investment must be substantial -- it must be sufficient to ensure the successful operation of the enterprise (the percentage of required investment for a low-cost business enterprise will be higher than that of a high-cost enterprise;
- The investment may not be marginal -- it must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;
- The investor must be in a position to "develop and direct" the enterprise;
- If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity -- ordinary skilled and unskilled workers do not qualify; and
- The applicant must intend to depart the United States when the E-2 status terminates.
Applying for an E2 Visa
Applicants for Treaty Investor (E-2) status must first seek registration of the enterprise. To register an enterprise, the applicant must establish that the enterprise meets requirement of the law.Once the enterprise is successfully registered, E visa applicants will be required to appear in person before a consular officer for a personal interview. The applicant has the burden of demonstrating eligibility for E Visa classification as an investor or employee.

