1. Treaty Investor Nationality:
- You must be a national of a country that has a qualifying treaty of commerce and navigation with the United States. Not all countries have such treaties, so check the list of eligible countries with the U.S. Department of State.
2. Substantial Investment:
- You must have invested or be in the process of investing a substantial amount of capital in a bona fide enterprise in the United States. The investment should be at risk and dedicated to the business's success.
3. Investment Must Be Active:
- The investment must be actively invested in the business operations and not just passive investments, such as real estate for personal use.
4. Ownership or Control:
- You must own or have a controlling interest in the business. A substantial ownership stake is generally required to demonstrate effective control over the enterprise.
5. Investment Must Be Legitimate:
- The source of your investment funds must be legitimate and obtained through legal means. You may need to provide evidence of the source of funds used for the investment.
6. Business Must Be Real and Operating:
- The business you are investing in must be a real, operating, and active commercial enterprise. Speculative or idle investments do not qualify.
7. Investment Must Be in a Targeted Industry:
- The business must be in an industry that qualifies for E-2 investment. While there is no specific list of eligible industries, the business should have the potential to generate more than enough income to provide a minimal living for you and your family.
8. Develop and Direct the Business:
- You must be actively engaged in developing and directing the business. The E-2 visa is not designed for passive investors; you should play a significant role in the daily operations.
9. Create Jobs:
- Your investment should create job opportunities for U.S. workers. While there is no specific number of jobs required, the business should hire and sustain the employment of U.S. workers.
10. Non-immigrant Intent:
- You must intend to return to your home country once your E-2 status expires. The E-2 visa is a non-immigrant visa, and your primary purpose should be to develop and manage the business in the U.S.
It's important to carefully review the specific requirements and guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) and consult with an experienced immigration attorney or legal expert to ensure that you meet all the criteria for the E-2 Investor Visa.
The application process can be complex, and professional guidance can help you navigate it successfully.
The information contained here is only intended as a guide and is not to be considered as legal advice. You should contact an Immigration Attorney for actual requirements for your personal situation.