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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.


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