Many people applying for a E-2 Treaty Investor Visa want to understand what paperwork is involved before they begin. The rules describe several requirements, but they do not list every document an applicant may need. This can leave applicants unsure about how to prepare. A simple way to start is to know the main document categories that appear in official instructions. These categories reflect what officers review in an E-2 case: nationality, investment, business activity, and the investor’s role.
Understanding how these document categories connect to the requirements in official instructions makes it easier to prepare your file in an orderly way. Reviewing the instructions for the U.S. Embassy or Consulate where you plan to apply, or the USCIS instructions if filing inside the United States, helps ensure your materials align with the expectations for your location.
The sections below explain the document categories supported by U.S. government sources. They offer a grounded starting point for gathering information as you prepare your application.
Forms and identity documents
Required forms establish your identity, purpose of travel, and the immigration benefit you are requesting. Applicants who apply at a U.S. Embassy or Consulate complete the DS-160 Nonimmigrant Visa Application. Applicants filing inside the United States follow USCIS instructions for E-2 classification and use Form I-129 to request this status.
Identity documents such as a passport support these forms by confirming nationality and eligibility. Prior visas, entry records, and travel documents also help show your immigration history. These materials give officers the basic information they need to begin reviewing your case.
Proof of nationality and treaty country status
The E-2 category is limited to nationals of treaty countries. The Department of State lists these countries in the Foreign Affairs Manual, and nationality must match one of the qualifying treaty countries for an applicant to be eligible. Officers review nationality before examining any part of the investment or business because it is the first qualification for the E-2 category.
A valid passport is the clearest way to show nationality. It confirms citizenship and establishes that the applicant belongs to a treaty country. When an E-2 enterprise has more than one owner, or when ownership is spread across an entity, officers may review additional documents to confirm that treaty-country nationals hold a controlling interest in the business. In those situations, birth certificates, ownership documents, or corporate records may help show the nationality of the owners listed.
These documents allow officers to determine whether the applicant meets the nationality requirement as part of the eligibility review, along with the investment, the structure of the business, and the applicant’s role in the enterprise.
Evidence of substantial investment
The investment must meet the “substantial” standard described by USCIS and the Department of State. Government sources explain substantiality through several principles, and applicants can use documentation to illustrate how their investment meets these standards.
The first principle is proportionality, which compares the amount invested to the cost of purchasing or establishing the business. When documenting this point, applicants may show the total cost of starting or acquiring the business through items such as formation documents, startup cost summaries, or purchase agreements. Bank transfers and payment records tied to those costs can help show how much of the required amount has already been invested.
The second principle is that funds must be committed and “at risk.” Government sources state that speculative or uncommitted funds do not qualify. Records such as executed contracts, paid invoices, wire transfers to vendors or the business, and receipts for equipment or inventory can help illustrate that funds have been fully committed to the enterprise and are subject to loss if the business does not succeed.
The third principle relates to business viability. The investment must be large enough to support the operation of the business. Documents such as lease agreements, vendor contracts, initial operating expenses, and proof of essential business purchases may help show that the enterprise has the funding needed to function. Officers review the investment in the context of what the business requires to begin and maintain operations.
Documenting the flow and use of funds helps illustrate these points. Bank statements, payment records, contracts, receipts, and purchase documentation can help show that the investment is real, committed, and tied directly to the needs of the enterprise. These materials support the standards described in official instructions without suggesting that any specific document is required in every case.
Proof the business is real and operating
The Foreign Affairs Manual requires that an E-2 enterprise be a bona fide enterprise. A bona fide enterprise is defined as a real, active, and operating commercial venture that produces goods or services and meets legal requirements for conducting business. Officers look for evidence that the business exists beyond a concept and is either operating or ready to begin operations.
Documents that show legal formation help support this point. Items such as state registrations, articles of organization or incorporation, business licenses, and leases demonstrate that the enterprise has been established in accordance with local and state rules. These records confirm that the business is recognized as a lawful commercial entity.
Evidence of activity can further help illustrate that the enterprise is functioning. Materials such as supplier agreements, client contracts, service agreements, or initial purchase orders may show that the business has begun its operations. Photos of the business location, screenshots of the business website, or directory listings can also help show that the enterprise is active and presents itself to customers.
Documentation connected to setup and operations can assist as well. This may include utility account openings, equipment purchases, marketing materials, or professional service agreements. These items help show that the business is progressing toward or already engaged in regular commercial activity.
These materials help officers determine whether the enterprise meets the definition of a bona fide enterprise under the Foreign Affairs Manual. They support the conclusion that the business is real and active, rather than speculative or still in the planning stage.
Evidence you will direct and develop the enterprise
The investor must direct and develop the enterprise. Government sources describe this requirement through several factors, and applicants can use documents to help illustrate each point.
The first factor is ownership, which must be sufficient to control the enterprise. Control allows the investor to guide the direction of the business. Documents such as ownership records, operating agreements, stock certificates, or membership ledgers can help show that the investor holds a controlling interest.
The second factor is the investor’s position in the company. Officers review whether the role involves decision-making, planning, or oversight. Materials such as job descriptions, organizational charts, or internal role summaries can help show that the investor holds a position consistent with directing and developing the enterprise.
The third factor relates to expertise. Government sources note that investors should have experience or background that aligns with the responsibilities they will take on in the business. Resumes, work histories, or professional profiles can help demonstrate the investor’s qualifications. When relevant, industry experience, prior management roles, or past entrepreneurial activity may support this point.
Documents such as management plans or business plans may also assist by showing how the investor will apply their experience to guide the operation of the enterprise. These materials help officers understand the investor’s authority, background, and role in directing the business.
Dependent documents
Spouses and unmarried children under 21 may qualify for E-2 dependent status. Officers review two main points when evaluating dependents: the family relationship and the dependent’s eligibility under the age and marital status rules.
The first point is proof of the qualifying family relationship. Officers must confirm that the spouse or child meets the definition of a dependent for immigration purposes. Documents such as marriage certificates or birth certificates can help show this relationship. Passports for dependents help confirm identity and allow officers to match these records to the individuals requesting derivative status.
The second point is eligibility based on age and marital status for children. The dependent child must be unmarried and under 21. Birth certificates and identity documents help confirm age. When relevant, officers may also review records that clarify custody or parental authority in cases of complex family structures, as long as those documents are already part of the applicant’s official records.
These documents help officers determine that each family member qualifies for E-2 dependent status under the rules described in U.S. government instructions. They also ensure that each dependent’s information aligns with the principal applicant’s case.
Important reminder
Form DS-156E explains that its list of supporting documents is not exhaustive and that a consular officer may look for additional information. Because each case is reviewed individually, applicants should follow the instructions provided by the U.S. Embassy or Consulate where they will apply, or by USCIS if filing inside the United States. Reviewing these official instructions helps ensure your submission matches the requirements for your location and the facts of your case.
Sources:
1. U.S. Department of State. https://eforms.state.gov/Forms/ds156_e.pdf
2. U.S. Department of State – Foreign Affairs Manual (FAM). https://fam.state.gov/FAM/09FAM/09FAM040209.html
3. USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
4. U.S. Department of State – Travel.State.Gov. https://travel.state.gov/content/travel/en/us-visas/employment/treaty-trader-investor-visa-e.html
5. U.S. Department of State – Travel.State.Gov. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application.html