E-2 Treaty Investor Visa
The E-2 visa program is another popular visa program for those foreign nationals seeking to invest in the United States. Unlike the EB-5 program, however, the E-2 is a non-immigrant visa. This visa only provides for temporary legal status. Once the investor ceases to qualify for E-2 status, he or she must either leave the United States or seek another status or visa category.
Another key difference between the E-2 visa and the EB-5 visa is that the E-2 visa is only available to individuals from countries with which the United States has entered into a qualifying treaty. (The U.S. Department of State maintains a current list of all these treaty countries.)
If your home country has a qualifying treaty with the United States, you may be eligible for an E-2 investor visa if you make a “substantial” investment in an active commercial enterprise. The law does not specify the required investment amount, but the investor must demonstrate enough evidence to show that the invested amount is “substantial” for that particular type of business. As a rule of thumb, most E-2 investors should plan on investing $100,000 or more.