Understanding E-2 Requirements
Below are some key requirements you must fulfill to apply for a E-2 Visa. For
each requirement, we have included forms of evidence that you may submit to
meet the requirement and other tips to help you prepare your petition.
Requirement 1 – As a treaty investor, you must be coming to the United States to invest in a new or
existing enterprise.
USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the
commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new
business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are
investing is substantial.
Requirement 2 – Your investment must be in a bona fide enterprise and may not be marginal.
A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or
goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as
undeveloped land or stocks held by an investor who has no intent to direct the enterprise.
A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.
+ How do I demonstrate that my business is bona fide?
Some of the evidence you may submit to demonstrate that your business is bona fide includes:
Notice of assignment of an Employer Identification Number from the Internal Revenue Service (IRS)
Tax returns
Financial statements
Quarterly wage reports or payroll summaries (i.e., W-2s and W-3)
Business organizational chart
Business licenses
Bank statements, utility bills, and advertisements/telephone directory listings
Contracts or customer/vendor agreements
Escrow documents
Lease agreement
+ How do I demonstrate that my business is not marginal?
Requirement 3 – You must be in possession of the funds you will invest and the funds must be
committed to your business.
You must demonstrate that the capital you invest is irrevocably committed to the enterprise
