Nationals of a treaty country can apply for an E-2 visa. This visa category is designed for individuals who have made or are actively in the process of making a capital investment in a business enterprise in the United States. It also extends to employees of a treaty investor. Unlike the EB-5 visa, there is no specific minimum investment requirement for the E-2 visa. However, the investment must meet the following criteria:

• The investment must be substantial relative to the total cost of either purchasing an established enterprise or establishing a new one.
• The investment must demonstrate the treaty investor’s commitment to the successful operation of the enterprise.
• The magnitude of the investment should be sufficient to support the likelihood that the treaty investor will effectively develop and oversee the enterprise.

Additionally, the capital invested must be at risk, meaning it can be partially or entirely lost if the investment fails. The treaty investor must also demonstrate that the funds used for the investment were not obtained, directly or indirectly, from criminal activities.

It is important to note that the E visa is a non-immigrant visa and does not provide a Green Card or permanent residency. However, some individuals who qualify for the E-2 visa may also be eligible to apply for the EB2 National Interest Waiver (NIW), which is an immigrant visa category.

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