The applicant is required to come to the United States to develop and manage the operations of an enterprise in which the applicant has invested or is actively in the process of investing a substantial amount of capital. In addition to the investment in a business enterprise, the investor must be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. The applicant must have more than fifty (50%) percent ownership of the investment, unless the applicant is coming as an employee of the enterprise.
You must be a national of a treaty country.
You must be a national of a country that maintains treaties of navigation and commerce with the U.S. for E2 visa purposes.
Treaty countries currently include:
Your investment must be substantial.
It must be sufficient to ensure the successful operation of the enterprise. The percentage in investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.
Your investment must be in a real operating commercial enterprise.
Speculative or passive investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
Your investment may not be marginal.
The investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.
You must have Control of Funds and Bear the Risk of Investment.
You 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 only are not considered to be at risk.