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

April 22, 2018



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.

Please reload

Related Posts
Please reload

Featured Posts

What is the E-2 visa?

Please reload

Recent Posts