E-2 Visa Requirements and Documentation Guide

The E-2 Treaty Investor Visa allows nationals of treaty countries to invest and operate a business within the United States. In addition to meeting eligibility criteria, applicants must provide thorough documentation to support their application. This blog outlines the requirements for the E-2 visa and the supporting documents necessary for submission, organized in a specific format with clear dividers and tabs for ease of review.

Eligibility Criteria for the E-2 Visa

1. Treaty Country Requirement – To be eligible, the applicant must be a national of a country with which the U.S. has a treaty of commerce and navigation. The U.S. Department of State has a list of qualifying countries.
2. Investment Requirement – The applicant must invest substantial capital into a U.S. business. The investment must meet the following:
   1. Substantial: The investment amount varies but must be significant relative to the business’s total cost. The proportionality test helps assess this.
   2. At Risk: The funds must be at risk, meaning they are subject to partial or full loss depending on the business’s success.
   3. Real and Active Business: The enterprise must be operational and produce goods or services rather than speculative or dormant.
3. Ownership and Control – The investor must own at least 50% of the business or demonstrate control over the business through a managerial or supervisory role.
4. Marginality – The enterprise must generate more than sufficient income for the investor’s livelihood. It must potentially make a significant economic contribution to the U.S..

Supporting Documentation for the E-2 Visa Application

For a successful E-2 application, the supporting documentation must be well-organized with tabs for easy reference. Documents must be submitted in the following order, with subdivisions as necessary.

1. Proof of Nationality of Investor or Applicant
   • Photocopy of passport biographical page
   • Proof of legal status in Canada or treaty country (if applicable)
2. Ownership Documents (Choose A, B, or C)
   1. Sole Proprietorship – Business registration documents
   2. Partnership
      • Partnership or joint venture agreement
      • Shares/stock certificates showing total issued and outstanding shares
   3. Corporation
      • Shares/stock certificates showing ownership distribution
      • Corporate matrix
      • Stock exchange listings (if publicly traded)
3.  Investment Documentation – Investment documentation is a critical part of the E-2 visa. The investment must be substantial and at risk. Below is the required documentation based on the type of enterprise:
   1. For Existing Enterprises – Tax valuations, market appraisals
   2. For New Enterprises – Trade association statistics, chamber of commerce estimates, market surveys
   3. Source of Investment
      • Personal financial statements
      • Proof of sales or rental income, bank statements, promissory notes
   4. Evidence of Investment
      • • Existing Enterprise: Purchase agreements, closing documents, loan or mortgage documents, tax returns, financial reports
        • New Enterprise: Inventory listings, canceled checks, receipts, lease agreements, improvement expenses, business account statements​
4. Proof of Marginality – The business must generate more than minimal income for the investor and family. The following documents are required:
   1.  Existing Businesses – Corporate tax returns, financial statements, payroll records, W-2/W-4 forms
   2. New Businesses – Payroll registers, employee data, financial projections, and a comprehensive business plan​
5. Real & Operating Commercial Enterprise – The enterprise must actively engage in business. You will need:
   1. Business licenses and permits
   2. Utility bills, sales tax receipts
   3. Commercial account statements
   4. Business brochures, advertising leaflets​
6. Executive, Managerial, or Essential Skills Documentation – If applying as an executive, supervisor, or essential employee, you must provide the following:
   1. Employer’s Letter: A letter from the E-visa enterprise explaining the applicant’s role and qualifications.
   2. Supporting Documents: Organizational chart, educational certificates, employment experience, and reasons a U.S. worker cannot fill the position.

Organizing the Documents for Submission

When submitting your application, documents must be bound and organized by sections. Each section should be marked with dividers and tabs. If a section has more than two documents, divide it into subsections with lettered tabs (e.g., II.A for Sole Proprietorship, II.B for Partnership).

Conclusion

The E-2 visa offers investors an excellent opportunity to develop and operate a business in the U.S. Ensure that your application is well-organized and supported by thorough documentation to increase your chances of success. For specific guidance on the E-2 visa requirements and process, please consult with one of our experienced immigration attorneys.

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Citations

• 9 FAM 402.9 Treaty Traders, Investors, and Specialty Occupations – E Visas

If you have questions regarding the E-2 visa requirements, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

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