Applications for E-2 Visa must be filed with the required application fee and provide evidence that:

• The investor holds a citizenship from a country with whom the US has a commercial treaty or agreement.

• The investor will direct and run the business in US. Employees of an E-2 investor may apply for a visa. The investor must show that they own at least 50% of the business, by possessing operational control through a managerial position or other corporate device or by other means. 

• The investor has either already invested in the business or is actively in the process of investing in the business. 

• The investment in the type of business is considered substantial to ensure that the investor's financial commitment to the successful operation of the business and should be big enough to ensure that the investor will be successful in directing and developing the enterprise. 

• The business for which the investor is using to apply for the E-2 visa cannot be a marginal enterprise. 

• If the E-2 applicant is not the principal investor, he or she must be employed in an executive or supervisory capacity,  or possess skills that are highly specialized and essential to the operations of the commercial enterprise. Ordinary skilled or unskilled workers do not qualify.

• The applicant intends to depart the US upon the expiration of E-2 status.