You must have a passport from an E2 treaty country. However, your family members do not need to have the passport from the same country. They can come as derivatives even if they have passports from non-treaty countries.

The E2 visa requires the investment in a new or existing business in the US with the goal of making a profit. Your investment in the new or existing business must be “substantial.” A “substantial” investment does not have an exact number, but is judged under the totality of the circumstances. The location of the business and the type of business will be important factors. We usually recommend investing at least $100,000 in order to show substantiality.

The business you invest in should be a “bona fide enterprise” (sometimes called the “Real and Active” requirement). You must show that this business provides a good or services and operates on a day-to-day basis. The business should not be speculative or passive in nature.

The business must not be “marginal.” It must 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.” This is not a hobby business or a part-time business. You should be actively working on the business and intending the business to be a full-time venture that will financially support you, your family and employees and their families.

You must invest in the business, and the funds must be “irrevocably committed.” This means you must be able to show that the money has already been spent before you apply for the E2 visa.

Another requirement is the tracing of funds for the investment. In other words, you must be able to show that the money is yours or from someone that is a citizen of the same treaty trader country as you. For example, if you are from Colombia, and your investor is Colombian also then the funds still originate from the proper country of origin.

Your goal in coming to the US is to “direct and develop” this business. In other words, you need to show that you have the ability and capacity to “direct and develop” the business. This is typically demonstrated by showing that you have at least 51% ownership in the business.