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
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