E-2 Visa is available to companies that make an active and substantial investment in the United States economy in expectation of profit.
An active investment is defined as an irrevocable commitment to funds. Usually, the investor’s own money or personal obligations would have to be at risk. Furthermore, it cannot be an investment that is passive or purely speculative, such as buying stocks, bonds or real estate and waiting for them to appreciate. However, investment into real estate such as an apartment building, for example, may be considered active investment.
The investment must be substantial. There is no minimum monetary amount required. However, the amount of money invested must be sufficient for the business purpose.
Finally, the investment may not be merely marginal in nature. A marginal investment is one where the return is expected to be sufficient only to support the alien and his family. Thus, the enterprise is expected to create jobs for American workers.
The E-2 alien employee must have an essential role in the enterprise either as a principal investor or a managerial employee.