E-2 Treaty Investor – Best Evidence

Posted November 9, 2017

Section 101(a)(15)(E) of the Immigration and Nationality Act (INA) authorizes E-2 visa classification for the national of a treaty country who “develops and directs the operation of an enterprise in which he or she has invested, or is actively in the process of investing, a substantial amount of capital.”

The following document checklist describes evidentiary documents that typically demonstrate an individual’s or small group of partners’ qualification for E-2 treaty investor status in the United States.  The list is non-exclusive.  Best evidence of investor qualification (items 4 though 6) should be always tailored to the petitioner/investor’s background and proposed investment enterprise.

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