
E-2 Visa for Treaty Investors
An alien, if otherwise admissible, may be classified as a nonimmigrant treaty investor (E-2) under the provision of the Act if the alien:
(i) Has invested or is actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States, as distinct from a relatively small amount of capital in a marginal enterprise solely for the purpose of earning a living;
(ii) Is seeking entry solely to develop and direct the enterprise; and
(iii) Intends to depart the United States upon the expiration or termination of treaty investor (E-2) status.
An alien classified under the Act shall maintain an intention to depart the United States upon the expiration or termination of E-1 or E-2 status. However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.