The gap, named · our reading of the rule

E-2 eligibility begins with nationality. Beyond holding citizenship in a treaty country, the investment must be substantial, committed at risk, and supporting an active commercial enterprise that is non-marginal.

The Regulatory Framework

Under 9 FAM 402.9 and 8 CFR § 214.2(e), capital must be irrevocably committed. "Substantiality" is proportional—measured against the cost of buying or establishing the enterprise. An enterprise that generates income solely to support the investor and their family fails the non-marginality requirement.

How entrepreneurs prepare for this conversation

• Step 1: Commit Funds Irrevocably: Place investment funds into an escrow account conditioned solely on E-2 visa issuance to fulfill "at-risk" requirements.
• Step 2: Build a 5-Year Financial Pro Forma: Prepare a business plan demonstrating revenue trajectories and job creation for U.S. workers.
• Step 3: Document Source of Funds: Build an audit trail accounting for the lawful source and path of all invested capital.

Attorney Interrogation Sheet (What to Ask)

1. Does my capital commitment satisfy the proportionality test under 9 FAM 402.9?
2. Is my source-of-funds documentation formatted for consular review?

What this is not This piece quotes the published rule and says plainly where we are reading it rather than quoting it. It is not legal, tax or immigration advice, it creates no attorney–client relationship, and neither you nor we can apply it to your facts. Rules also move — check the date above, then take the questions in this piece to your own licensed attorney and CPA, who are the only people who can advise you.

Sources · primary law first, our own notes labelled as such

9 FAM 402.9 — treaty traders and investors

8 CFR 214.2(e) — E classification regulations

U.S. Dept of State Treaty List, checked August 2026

Ownership and work authorisation are treated differently in the rules, and that difference is what this library is about. Everything here is written for people keeping the job that holds their status.

Put a number on it. Build Check

Then choose your route. The Immigrant Entrepreneur Cohort is four weeks, while employed, and it starts with exactly this question. See the next run →