The E-2 visas requires that a treaty be in place between the foreign national’s home country and the United States. It provides for this foreign national to make a “substantial investment” in a business enterprise in the United States and remain here to oversee the enterprise for a temporary term. The key conditions that must be met for this visa category include:
- The project supporting the E-2 visa must involve a substantial investment and cannot be marginal
- The project must involve a real operating enterprise and cannot be speculative or idle
- The investor must control the funds which must be “at-risk” commercially. Investment enterprise assets cannot be used to secure the loan.