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What US Consular Officers Consider When Evaluating Your E-2 Visa Application

Your E-2 business must be a for-profit enterprise. US consular officers will consider the following points below when evaluating whether to issue you an E-2 Visa. Pursuant to 9 FAM 402.9-6(A), they are required to determine that:

  • The requisite treaty exists;

  • You posses the nationality of the treaty country;

  • You have invested or are actively in the process of investing;

  • The enterprise is a real and operating commercial enterprise;

  • Your investment is substantial;

  • Your investment is more than a marginal one solely for earning a living;

  • You are in a position to develop and direct the enterprise;

  • If an employee, you are an executive/supervisor or posses skills essential to the firm’s operation in the US; and

  • You intend to depart the US when your E-2 status terminates


No Attorney-Client Relationship Created by Use of this Website: Neither your receipt of information from this website, nor your use of this website to contact Santamaria Law Firm, PC or one of its lawyers creates an attorney-client relationship between you and the Firm.

No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.

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