The E-2 nonimmigrant visa allows a national of a treaty country to live and work in the U.S. based on capital investment in an existing or new business. This category requires adherence to specific rules and requirements. Before considering an application for the E-2 visa, it’s important to understand these essential requirements:
(1) The Applicant must be a national of a treaty country.
List of the U.S. Treaty Countries: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
(2) The enterprise must have at least 50% ownership of the nationality of a treaty country, and the investor (individual or business) must control the enterprise.
(3) The investment must be substantial (typically $100K or more) and irrevocably committed. Investment funds in a bank account or similar security is generally not considered an investment.
(4) The enterprise must be a real and operating commercial enterprise. A new business needs a five-year business plan with financial forecasts in profit and loss style.
(5) The enterprise must generate more income than is necessary for an investor's sole living. The business can’t be just for your financial benefit. The enterprise must hire U.S. employee(s).
(6) The Applicant will develop and direct the enterprise or work as an executive, supervisor, or essential skilled employee.
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Guidance for E-2 Treaty Investor Visa