The E2 Visa Authority

E2 Visa Requirements

• You must have a passport from an E2 treaty country. NOTE – None of your family members need to have the same passport. They can come as derivatives even if they have passports from non-treaty countries.
• You must invest in a new or existing business in the US with the goal of making a profit. Your investment in the new or existing business must be “substantial.” A “substantial” investment is not defined as a number, but is judged under the totality of the circumstances. The location of the business and the type of business will be considered. That said, you should count on investing at least $100,000 in order to show substantiality.
• The business you invest in should be a “bona fide enterprise” (sometimes called the “Real and Active” requirement). You must show that this business provides a good or services and operates on a day-to-day basis. Passive or speculative investments will not meet this requirement.
• The business must not be “marginal.” It must have the “present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.” This is not a hobby business or a part-time business. You should be actively working on the business and intending the business to be a full-time venture that will financially support you, your family and employees and their families.
• You must invest in the business, and the funds must be “irrevocably committed.” This means you must be able to show that the money has already been spent before you apply for the E2 visa.
• You must be able to trace the money. In other words, you must be able to show that the money is yours – not investors’ or third parties. It goes without saying that you must also show that the money was not received as a result of criminal activities.
• Your goal in coming to the US is to “direct and develop” this business. In other words, you need to show that you have the ability and capacity to “direct and develop” the business. This is typically demonstrated by showing that you have at least 51% ownership in the business.