- There must be a treaty between the United States and your country before qualifying for an E-2 visa. See Qualifying Treaty Countries: https://travel.state.gov/content/visas/en/fees/treaty.html.
- You or the business must have the nationality of the treaty country. However, the nationality of a business is determined by 50 percent of the nationality of the owners of that business.
- You must be actively investing or in the process of investing in the business.
- You must invest into a real or commercial enterprise either newly created or already in existence. The business must produce some service or commodity and cannot be a paper organization.
- The investment must not be marginal. It must have the potential to generate profit above merely providing for a minimal living standard for you and your family and will positively impact the economy of the location of the business.
- You must develop and direct the business. Having control in a joint venture or an equal partnership with two parties may be considered having control of management.
- You must intend to depart the United States when the E-2 visa status terminates.
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