You wish to develop and direct operations of an enterprise in the United States in which you have invested or are actively investing substantial funds. Are you eligible for an E-2 visa?
What are the Requirements to Obtain an E-2 Visa?
E-2 Visa Treaty Country
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. See the list of E-2 visa treaty countries.
Develop and Direct the Enterprise
The foreign investor is 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.
Source of Investment
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’ (subject to total or partial loss if investment fortunes reverse).
The investment must be ‘substantial’ considering the amount of qualifying funds invested weighed against the total cost of purchasing or creating the enterprise; the amount normally considered sufficient to ensure the foreign investor’s financial commitment to the successful operation of the enterprise; and a magnitude of investment to support the likelihood that the investor will successfully develop and direct the enterprise.
Real and Operating Commercial Enterprise
The foreign investor must be investing in an enterprise that is actually operating. As such, passive and speculative investments do not qualify.
The enterprise cannot be ‘marginal’. The enterprise is considered ‘marginal’ if it does not have the present or future capacity to generate more than a minimal living for the foreign investor and his or her family.