1. The “nationality” of the company engaging in trade or investment is the nationality of those persons who own at least 50% of the stock of the corporation. (Note, however, that a U.S. permanent resident owner of a business, who is a national of a treaty country, does not qualify as a "national" of the treaty country for purposes of E-2 visa.) 2. There is no minimum dollar amount necessary in order for the investment to be considered substantial. However, there are two tests: 1) it must be proportional to the total value of the particular enterprise in question; 2) it must be an amount normally considered necessary to establish a viable enterprise of the type contemplated. 3. Non-qualifying investments include: mortgage debt, cash not held in reserve by the company, such as cash held in personal bank accounts, rental payments, inventory purchases, and other recurring costs beyond the start-up of the enterprise. 4. A marginal enterprise is an enterprise 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. An enterprise that does not have the capacity to generate such income but that has a present or future capacity to make a significant economic contribution is not a marginal enterprise. The projected future capacity should generally be realizable within five years from the date the alien commences normal business activity of the enterprise. 5. The alien and his/her family should not ignore the nonimmigrant intent issue, which must still be addressed by treaty investors even though they can potentially remain in the U.S. for many years. 6. The spouse and unmarried children (under 21 years of age) of treaty investors, or employees of qualifying enterprises may also receive E-2 visas in order to accompany or follow to join their spouse or parent. They are not required to have the same nationality as the principal applicant. Spouses may work in the United States if they have obtained an Employee Authorization Card from USCIS. They may apply for this card after they enter the U.S. Dependent children may not work in the U.S. although they may attend school.
