The requirements for applying for an E-2 Visa for the United States

To obtain the E-2 visa, the applicant must meet specific requirements set by U.S. law, as listed below:

• Nationality:
  The applicant must be a citizen of a country with which the United States has signed a bilateral treaty of commerce and navigation.
• Substantial Investment:
  The applicant must make a significant investment in a commercial enterprise located in the United States. There is no fixed minimum amount; however, the investment must be proportional to the type and size of the commercial enterprise.
• Advanced State of Investment:
  The investment must already have been made, or the applicant must clearly demonstrate being in an advanced and active stage of the investment process.
• Real and Operating Enterprise:
  The commercial enterprise involved in the investment must be real, active, and operational. It must conduct business activities that generate products or services intended for the market.
• Lawful Source of Funds:
  The capital invested must come from lawful sources, clearly traceable and fully documented in a transparent manner.
• Profit-Oriented Economic Activity:
  The activity must be genuine, operational, and aimed at achieving economic profit.
• Active Nature of the Investment:
  Purely speculative or passive activities (e.g., mere real estate investments without active business operations) cannot be considered.
• Key Role of the E2 Visa Applicant:
  The applicant must hold a central and significant position within the enterprise, such as CEO, general manager, department head, or another role involving significant decision-making control.
• Control of the U.S. Company:
  The investor or investing enterprise must own at least 50% of the company or otherwise possess significant operational control of the American company.
• Specialized Skills [in the case of E2 Essential Employee Visa]
  Alternatively, the applicant can demonstrate possessing highly specialized skills not readily available in the U.S. labor market.
• Intention to Depart the United States:
  It is mandatory to demonstrate the intention to leave the United States once the E-2 visa status has ended.

There are additional investment requirements to ensure they fall within the eligible investment categories for obtaining the E2 visa.