To qualify for E-2 classification, the treaty investor must:

 

• Be a national of a country with which the United States maintains a treaty of commerce and navigation.

 

• Have invested, or be actively in the process of investing, a substantial amount of capital in a bonafide enterprise in the United States.

 

• Be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

 

• An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit.  The capital must be subject to partial or total loss if the investment fails.  The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.  See 8 CFR 214.2(e)(12) for more information.

 

How can a substantial investment be demonstrated?

 

• A detailed list of all owners and their percentage of ownership. If you are one of two 50 percent owners, or own less than 50 percent of the enterprise, the documentation should be signed by all owners in order to evidence that you possess a controlling interest.

• Capitalization table

• Stock purchase agreement, term sheet, letter of intent, or memorandum of understanding.

• By-laws

• Meeting minutes

• Stock certificates or stock ledger

• Articles of incorporation/organization

• Annual report or U.S. Securities and Exchange Commission (SEC) Form 10-K

• Partnership agreement

• Franchise agreement

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