General Qualifications for a Treaty Investor To be eligible for E-2 classification, a treaty investor must:
- Be a citizen of a treaty country.
- Invest, or be actively investing, a substantial amount of capital in a genuine enterprise in the U.S.
- Enter the U.S. primarily to develop and direct the investment, evidenced by at least 50% ownership or significant managerial control.
- The investment must be at risk with the intent to generate profit, and it must be capable of being lost if the investment fails. This is to demonstrate that the funds used were not acquired through illegal means. Refer to 8 CFR 214.2(e)(12) for more details.
- The investment should be significant relative to the total cost of purchasing or starting the enterprise and substantial enough to support the likelihood of the investor successfully operating and directing the business.
- A bona fide enterprise is an active and legitimate business that produces goods or services for profit and complies with all legal requirements for operation within its jurisdiction.
E2 Treaty Investors
As specified by the USCIS, effective December 23, 2022, amendments to Section 101(a)(15)(E) of the Immigration and Nationality Act (INA) have updated the eligibility requirements for E visas. Following these revisions, for all E-1 and E-2 visa applications submitted from this date forward, USCIS may require additional proof concerning how applicants acquired their nationality from the treaty country to ensure adherence to the updated provisions. Moreover, for applicants who gained treaty country nationality through an investment, USCIS might request further evidence to verify that the applicant has resided in the indicated treaty country for a continuous period of at least three years at any time before submitting their application for E-1 or E-2 status. The relevant statute now reads: (E) An alien who is eligible to enter the United States under the terms of a treaty of commerce and navigation between the United States and the foreign state of which the alien is a national. This includes aliens who have obtained their relevant nationality via a financial investment and who have not previously been granted status under this clause. The statute requires that the alien must have been domiciled in the foreign state, where they are a national, for a continuous period of no less than three years at any point before applying for a nonimmigrant visa under this clause. This section also covers the spouse and children of such an alien, provided they are accompanying or following to join the alien.