The primary requirements for an E-2 Treaty Investor visa are as follows:
TREATY COUNTRY: There must be a treaty in force between the United States and the particular country of which the visa applicant is a citizen.
CITIZENSHIP: The investor, either a real or corporate person, must be a national of a treaty country, as well as the particular visa applicant (if different from the investor).
COMPANY'S NATIONALITY: The particular company sponsoring the visa applicant must be primarily owned or controlled by nationals of the treaty country.
SUBSTANTIAL INVESTMENT: The investment must be SUBSTANTIAL. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise.
INVESTMENT NOT MARGINAL: 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.
INVESTMENT MUST BE ACTIVE. The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
NATURE OF THE INVESTMENT: The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
APPLICANT’S JOB: The investor must be coming to the U.S. 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.