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 in 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.