Speaking solely of the E-2 investor visa, the requirements are:
- That the investor makes a substantial investment in an entity in the United States.
- That the person come to the U.S. and develop and direct or work for that business.
- The business cannot be considered “marginal”; marginality invokes a business that is not sufficiently profitable and/or active and that only earns for the investor his or her salary. Similarly, investments cannot be passive. That is, one cannot come to the United States and put a million dollars into a trading account and get an E-2 visa to manage your own funds or use the money to purchase real estate that just sits and appreciates or depreciates. The investment itself must be active. There must be production of some good or service.
- That the business, investor and E employees have the nationality of the treaty country.
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