A foreign national, if otherwise admissible, may be classified as a nonimmigrant treaty investor (E-2) if:

1. A qualifying treaty exists between the United States and the country of citizenship of applicant;
2. Majority ownership or control of the company is held by nationals of the country of citizenship of the applicant;
3. The applicant has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living;
4. The applicant is seeking entry solely to develop and direct the enterprise; and
5. The applicant intends to depart the United States upon the expiration or termination of treaty investor (E-2) status.

The Citizenship and Immigration Services (CIS), formerly the Immigration and Naturalization Service (INS), defines an investment as the treaty investor's placing of capital, including funds and other assets (which have not been obtained, directly or indirectly, through criminal activity), at risk in the commercial sense with the objective of generating a profit.

The treaty investor must be in possession of and have control over the capital invested or being invested. The capital must be subject to partial or total loss if investment fortunes reverse. Such investment capital must be the investor's unsecured personal business capital or capital secured by personal assets. Capital in the process of being invested or that has been invested must be irrevocably committed to the enterprise. You may use any legal mechanism available, such as the placement of invested funds in escrow pending admission in, or approval of, E classification, that would not only irrevocably commit funds to the enterprise, but might also extend personal liability protection in the event the application for E classification is denied.

Qualifying investments include:

1. Loans secured by the investor’s own assets
2. Unsecured loans granted on the basis of investor’s own signature
3. Cash reserves placed in business account for purchase of inventory, equipment etc.  Cash reserves alone, without evidence that the business enterprise has been undertaken, will not satisfy the requirement of and “active” investment.
4. Value of purchased equipment.

The enterprise must be a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise must meet applicable legal requirements for doing business in the particular jurisdiction in the United States.

A substantial amount of capital constitutes an amount which is:

1. Substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise under consideration;
2. Sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and
3. Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. Generally, the lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered a substantial amount of capital.

An enterprise may not be marginal. A marginal enterprise is an enterprise that does not 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. An enterprise that does not have the capacity to generate such income, but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future income-generating capacity should generally be realizable within 5 years from the date the alien commences the normal business activity of the enterprise.

The treaty investor must demonstrate that he or she does or will develop and direct the investment enterprise. Such an applicant must establish that he or she controls the enterprise by demonstrating ownership of at least 51 percent of the enterprise, by possessing operational control through a managerial position or other corporate device, or by other means.  

The applicant's position must be principally and primarily, as opposed to incidentally or collaterally, executive or supervisory in nature. Executive and supervisory duties are those which provide the employee ultimate control and responsibility for the enterprise's overall operation or a major component thereof. In determining whether the applicant has established possession of the requisite control and responsibility, a Service officer shall consider, where applicable:

1. That an executive position is one which provides the employee with great authority to determine the policy of, and the direction for, the enterprise;
2. That a position primarily of supervisory character provides the employee supervisory responsibility for a significant proportion of an enterprise's operations and does not generally involve the direct supervision of low-level employees, and;
3. Whether the applicant possesses executive and supervisory skills and experience; a salary and position title commensurate with executive or supervisory employment; recognition or indicia of the position as one of authority and responsibility in the overall organizational structure; responsibility for making discretionary decisions, setting policies, directing and managing business operations, supervising other professional and supervisory personnel; and that, if the position requires some routine work usually performed by a staff employee, such functions may only be of an incidental nature.

The initial visa will be granted for a period of one year.  After that time, you may request an extension of the E-visa.  Extensions will be granted for a period of up to two years.  In order to be eligible for an extension you must

1. Have at all times maintained the terms and conditions of your E nonimmigrant classification;
2. Have been physically present in the United States at the time of filing the application for extension of stay; and
3. Have not abandoned your extension request.

II.        DOCUMENTS YOU WILL NEED TO SUPPORT THE APPLICATION

1. Evidence that you and the business possess the nationality of the treaty country
• Your passport
• Proof of ownership of at least 50% of business, i.e. certification from the secretary of the corporation of all shareholders of record, the minutes of the first meeting of the Board of Directors, or an independently certified statement from the company’s accounting firm.
2. Evidence that the enterprise is a real and operating commercial enterprise
• Business license
• Articles of incorporation
• Detailed and specific business plan re: projected revenues, costs, staffing
• State certificate of business
• Stock certificates
• Certificate of officers
3. Evidence that you have invested or are actively in the process of investing a substantial amount
• Letter describing investment (see support letter below)
• Lease agreement
• Bank statements showing transfer of funds from your accounts to business account
• Invoices or contracts for substantial purchases of equipment, inventory, supplies and furniture
• Bank statements showing capitalization
• Loan agreements, if any
• Letters showing ongoing negotiations for purchases etc.
4. Evidence that the investment is more than marginal or solely for the purpose of earning a living
• Evidence of other substantial assets
• deed on your home
• Proof of pension
5. Evidence that you are in a position of “develop and direct” the enterprise and that your position is one of an executive or supervisory nature
• Employment agreement between business and you showing that you will have a managerial position and detailing job description
• Resume showing your past managerial experience
• Letter from current employer detailing you managerial experience
• Membership in trade or other professional organizations
• Copies of diplomas, degrees
6. Support letter
• Nature of investment activity, i.e. business to be conducted
• The total value of the investment enterprise or the amount required to start up such an enterprise
• The size and amount of the investment, including the proportion of the investment amount to the total value of the enterprise or start up costs
• The components of the investment, including cash, assets, inventory and loans, and the source of security of each loan
• The steps taken to undertake the investment, including the irrevocable commitment of capital resources
• The prospect for employment of U.S. workers through the investment
• The duties to be performed by the investor
• The qualifications of the investor.