The E-2 nonimmigrant visa category allows treaty investors to enter the United States under a bilateral treaty of commerce and navigation between the United States and the country of which the investor is a citizen. The treaty investor must be coming to the United States “solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing a substantial amount of capital.” 8 U.S.C. § 1101(a)(15)(E)(ii). Read Report
Furthermore, according to 8 CFR 214.2(e)(15) the investment must be in a bona fide enterprise and not marginal. “A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.” 8 CFR 214.2(e)(15).
In addition to the overreaching “substantial investment” and “non-marginal” requirements, many Consulates have their own approach to interpreting related E-2 requirements. Below is a table with a comparison of the differing business plan requirements and restrictions of ten sample countries.
| COUNTRY | BUSINESS PLAN REQUIREMENTS |
| Canada |
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| Colombia |
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| France |
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| Germany |
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| Israel |
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| Italy |
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| Japan |
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| Mexico |
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| Spain |
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| United Kingdom |
|
Some US Consulates, such as those located in Colombia, Mexico, and the UK, have similar documentation requirements that must be satisfied in order to defeat marginality. However, as the above table demonstrates, other business plan requirements are vague in terms of the specific evidence requested.
In conclusion, it is clear that a thorough business plan and professional advice are essential for the successful submission of an E-2 visa application.
To find out more about professional, well-researched, articulate, expository narrative Business Plans and a variety of complementary services, crafted specifically to address USCIS’s concerns, contact e-Council Inc.com at info@ecouncilinc.com.
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