The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.

To qualify for E-2 Classification, the treaty investor must:

·    Be a national of a country with which the United States maintains a treaty of commerce and navigation;

·     Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and

·     Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or another corporate device.

·    Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one

·    Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise

·     Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower cost to the enterprise, the proportionately higher the investment must be considered substantial.

·     Investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk—in the commercial sense—to generate a profit.

·     The capital must be subject to partial or total loss if the investment fails.

·    The treaty investor must show that the funds have not been directly or indirectly obtained from criminal activity. See 8 CFR 214.2(e)(12) for more information.

This refers to the E-2 Treaty Investor guidance from the U.S. Citizenship and Immigration Services webpage.