What are the requirements to file an E-2 petition?

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  • The foreign investor must be a national of a country that is a party to a friendship, commerce or navigation treaty, bilateral investment treaty or free trade agreement with the United States.
  • The foreign investor must be entering the United States solely to develop and direct the operations of an enterprise.
  • The foreign investor must have invested or is in the process of investing in an enterprise.
  • The funds invested must be under the foreign investor’s control and cannot be obtained directly or indirectly through criminal activity.
  • The foreign investor must demonstrate that s/he has irrevocably committed the funds and the funds invested must be ‘at risk’.
  • The investment must be ‘substantial’.
  • The foreign investor must be investing in an enterprise that is actually operating.
  • The enterprise cannot be ‘marginal’.