The E-2 is a treaty-investor classification
The E-2 route is available only to qualifying nationals of treaty countries. The investor must come to the United States to develop and direct an enterprise in which substantial capital has been invested.
It is a nonimmigrant classification. It is not automatically a green card, and eligibility depends on both the investor and the business.
1. Treaty nationality
The applicant must possess the nationality of a country that maintains the required treaty relationship with the United States. Company nationality is also relevant when ownership is held through a business entity.
2. A substantial, at-risk investment
There is no single universal dollar figure that guarantees approval. The investment is assessed in relation to the cost and nature of the enterprise. Funds must be committed and subject to commercial risk, rather than merely sitting uncommitted in an account.
3. A real and operating enterprise
The business must be active and bona fide. A shell company, idle investment, or speculative plan without meaningful execution is not enough. Leases, purchases, licenses, staffing, contracts, and operating evidence can all matter.
4. Direction and control
The investor generally needs at least 50 percent ownership or another credible basis for operational control. The case should clearly explain how the applicant will develop and direct the enterprise.
5. More than marginal
The enterprise should have the present or future capacity to generate more than minimal income for the investor’s family. A credible business plan, hiring strategy, market evidence, and financial projections are therefore important.
This article was reviewed against current information from USCIS: E-2 Treaty Investors. Program rules can change; verify current requirements before acting.