| :: E-2 Treaty Investor Visa
The E-2 Visa is a Non-Immigrant Visa which allows foreign investors to live and work in the United States. :: General Qualifications of a Treaty Investor
To qualify for E-2 classification, the treaty investor must:
1) Be a national of a country with which the United States maintains a treaty of commerce and navigation
2) Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
3) 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 other corporate device.
An investment is the treaty investor뭩 placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating 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 obtained, directly or indirectly, from criminal activity. A substantial amount of capital is:
1) Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
2) Sufficient to ensure the treaty investor뭩 financial commitment to the successful operation of the enterprise
3) Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. A bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction. :: Marginal Enterprises
The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor뭩 E-2 classification begins. :: Period of Stay
Qualified treaty investors may receive either five or two year visas from consulate offices abroad but will be allowed a maximum stay of two years upon admission. A treaty investor who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. For a change of status in the U.S., treaty investors are are allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. :: Family of E-2 Treaty Investors
Treaty investors can be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the treaty investor. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work. | 
