How does the company qualify?

In order to qualify for the E-2 visa category, a company has to meet a certain set of criteria:

   1. The foreign company and/or the US company must be at least 50 % owned by persons having the nationality of the treaty country. A company’s nationality is determined by the nationality shared by the majority of its owners. For stock companies, the nationality is determined by the country where its stock is initially listed.

EXAMPLE: A foreign owned company with a subsidiary in the US must prove that the subsidiary is at least 50% owned by the parent company. A company does not have to have an office outside the US; a US company can qualify for the E-2 status as well, as long as more than 50% of the company is foreign owned.

   2. The investor has made an investment in the US company. This can have been in the form of cash, equipment, inventory, stocks, or acquisition of a company. Evidence of those investments has to be provided for the E-2 application. There are no regulations concerning a minimum amount of investment, but usually investments of less than $ 100,000 - $ 200,000 will not qualify for a E-2 visa (depending on the company that makes the investment).

   3. The investment has to be substantial, and sufficient to ensure the successful operation of the US company. No minimum amount of investment is required, the necessary investment depends on the individual company.

PLEASE NOTE: It is irrelevant at which time the investment was made. Important is, that capital has been invested before the application is submitted – meaning the investment can have been made several years before.

Profits gained from the investment must be high enough to not only provide a living for the investor, but make a contribution to the US economy (e.g. creating jobs for the US). This special criterion is becoming more and more important in the application process.