E-2 Treaty Investor Visa Checklist
United States
E-2 Treaty Investor Visa
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Work Experience
Direct and Develop
MandatoryThe investor must be in a position to develop and direct the enterprise, typically by holding at least 50 percent of the business or possessing operational control.
8 CFR 214.2(e)(16)
Language
English Proficiency
ConditionalFor roles involving the operation of a commercial motor vehicle, applicants must provide evidence of English language proficiency.
Applies to the E-2 job branch involving operation of a commercial motor vehicle.
E-2 commercial-motor-vehicle English evidence — full-text review pending (HTTP403)
Funds
Substantial Investment
MandatoryThe applicant must demonstrate a substantial, at-risk investment in a real and operating commercial enterprise in the United States.
8 CFR 214.2(e)(2),(12)–(14)
Documents
Source of Funds
MandatoryApplicants must provide documentation proving the legal origin of the funds used for the investment.
8 CFR 214.2(e)(12)
Other
Treaty Nationality
MandatoryThe principal investor needs nationality of a qualifying E-2 treaty or legislation-designated country; check the actual treaty-country conditions.
8 CFR 214.2(e)(6),(7)
Non-Marginal Enterprise
MandatoryShow present or future capacity to provide more than a minimal living for the investor/family, or a significant economic contribution; projected capacity should generally materialise within 5 years.
8 CFR 214.2(e)(15)
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