Treaty Investment Visa (E2)

There is no fixed amount of investment fund in the regulations. The investor must be able to show that he/she has already invested a substantial amount of investment fund for the business or are in the process of investing.

All the investment fund should be traceable to prove that it came from legitimate source.

Investor must prove that the business is not a marginal business. A marginal enterprise is an enterprise that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. An enterprise that does not have the capacity to generate such income but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future capacity should generally be realizable within five years from the date the alien commences normal business activity of the enterprise.

The business or individual treaty investor does or will develop and direct the enterprise by controlling the enterprise through ownership of at least 50% of the business, by possessing operational control through a managerial position or other corporate device, or by other means.

The executive or supervisory element of the employee’s position must be a principal and primary function of the position and not an incidental or collateral function. Executive and/or supervisory duties grant the employee ultimate control and responsibility for the enterprise’s overall operation or a major component thereof.

Investor must prove that your company is a bona fide enterprise. But, good thing is that there is no restriction on a type of the business you choose to do as long as it is in good faith company.