The E2 Visa USA official requirements are listed in the Foreign Affairs Manual and available here. Below are clarifications for each of them, with a focus on the E2 investor visa and not the E2 visa Essential Employees.
(1) Requisite Treaty Exists: The E2 visa is a bridge, connecting your entrepreneurial spirit with the boundless opportunities in the U.S. But first, there must be a treaty of commerce and navigation between your home country and the U.S. This treaty is the foundation of that bridge. For a comprehensive list of treaty countries, refer to 9 FAM 402.9-4(A) and 9 FAM 402.9-10.
(2) Nationality of the Treaty Country: Your nationality is a key part of your identity, and it plays a crucial role in the E-2 visa process. You or your business must hold the nationality of the treaty country. This is your passport to the world of E-2 visas. For more on this, see 9 FAM 402.9-4(B).
(3) Actively Investing: The E-2 visa is for those who are ready to take action. You must be actively investing or have already invested. This is your commitment, your stake in the game. Dive deeper into this requirement at 9 FAM 402.9-6(B).
(4) Real and Operating Commercial Enterprise: Your business must be more than a dream; it must be a reality. A functioning, real, and operating commercial enterprise is a must. This is the stage where your entrepreneurial performance unfolds. See 9 FAM 402.9-6(C) for the specifics.
(5) Substantial Investment: The U.S. wants to see your dedication, your willingness to take a leap of faith. This is demonstrated through a substantial investment. This is your skin in the game, your tangible commitment to your enterprise. For more on what qualifies as substantial, see 9 FAM 402.9-6(D).
(6) More Than a Marginal Enterprise: Your business must have the potential to grow, to flourish. It can't just be a small operation for earning a living. This is your chance to create something that makes a difference, that leaves a mark. Check out 9 FAM 402.9-6(E) for more.
(7) Ability to Develop and Direct: You're not just a participant in this journey, you're the leader. You must be able to develop and direct the enterprise. This is your opportunity to steer the ship, to chart the course. See 9 FAM 402.9-6(F) for the specifics.
(8) Intention to Depart: You're here to create, to contribute, and then to move on to your next adventure. You must intend to leave when your E-2 status ends. This is your promise to honor the terms of the E-2 visa, to respect the journey. See 9 FAM 402.9-4(C) for more details.
Sylvain Perret is a business professional who has been living in the United States since 2010. Along with his wife Daphnee, he has established several businesses in the country, including Integrity International Brokers, an agency based in Orlando where he works as a business broker, real estate broker, business consultant, and business plan writer. Over the years, he has helped numerous clients from around the world achieve success in their projects to create or take over a company in the United States with an E2 visa. He is highly knowledgeable about U.S. immigration issues and is the author of the book "S'expatrier aux USA grâce aux visas d'entrepreneurs," which is soon to be translated into English. Sylvain is also a Certified Business Intermediary (CBI) by the International Business Brokers Association and is regularly consulted on issues related to this field. At the age of 50, Sylvain chose to enhance his expertise in finance and strategy by pursuing a Master of Business Administration from the University of Central Florida. He successfully graduated in May 2023, adding a valuable finishing touch to his knowledge. He is active on LinkedIn and Twitter, where he shares his insights and experiences with a wider audience.
