This treaty applies to investors who are citizens of certain countries. [Click here for List of Countries]

E-2 TREATY INVESTOR VISA
The investor must show that he/she has either made or is actively in the process of making a substantial investment in an enterprise.  The enterprise must be a business.  It cannot, for example, be an expensive house. 

WHAT IS SUBSTANTIAL?
a. At the present time, there is no minimum dollar figure established for meeting the requirement of "substantial" investment.  The Secretary of State may establish a minimum amount but has not done so at this time.

b. What is substantial is determined by what is called the "relative/proportionality test."

The Test is: (i) the amount invested weighed against the total cost of purchasing or creating the enterprise; (ii) the amount normally considered sufficient to ensure the investor's commitment to the successful operation of the enterprise; and (iii) a magnitude of investment to support the likelihood that the investor will successfully develop and direct the enterprise.

The consular officer will focus on the type of business to determine the total amount of investment reasonably needed to establish such a business.  For example, the total amount of money needed to start a consulting service will be much less than to open a food processing plant.

In businesses requiring smaller amounts of investment (e.g. service-oriented businesses), the treaty investor must contribute a very high percentage of the total investment, whereas in businesses requiring a larger total investment, the percentage may be less.

The amount of the investment at the time of the application is relevant.  In other words: what amount of money is at risk at that time?  Future investment is not considered.

THE ENTERPRISE CANNOT BE MARGINAL
(1) An applicant is not entitled to E-2 classification if the investment, even if substantial, will return only enough income to provide a living for the applicant and his family.

(2) If the applicant has substantial income from other sources and does not rely on the investment enterprise to provide a living, the investment would be considered as one of risk and not one of providing a mere livelihood.

E-1 AND E-2 EMPLOYEES
The employee must be an executive, manager or supervisor.  If employed in a minor capacity, the employee must have special qualifications that are essential to the efficient operation of the enterprise.

The period of validity of the visa varies with each treaty country.  In some cases, it may be granted for up to five years, with indefinite extensions. 

Spouses and minor children of E visa holders will also be granted E visas, even if their nationality is not the same as the principal E visa holder.  However, they cannot work in the U.S.

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