In order to be eligible for one of the E Classifications the treaty investor must comply with the following requirements:

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Business owners:

• Be a citizen of a country which has a treaty of commerce and navigation with the U.S. 

• Invest at least $100,000 in a bona fide* enterprise in the United States.

• Have at least 50% ownership of such company or prove operational control over it through a managerial position, which would prove that the sole purpose of entering the United States is development of the business in question.  

• The capital must be subject to partial or total loss if the investment fails. The investor must demonstrate that the funds were not obtained from activity of criminal nature.  

• The business may not be marginal, i.e. it must be capable now or in future to generate income equal to or exceeding the minimal living expenses of the treaty investor and their family. A new company must prove that it is able to generate such income within five years.

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Employees:

• Be a citizen of the same treaty country as the employer;

• Meet the definition of “employee” in accordance with the applicable legislation; 

• Fulfill duties of executive or supervisory nature, possess special qualifications.

• If the employer is not a person but an organization, it must be at least 50% owned by citizens of a treaty country who either have a nonimmigrant treaty investor status or are classifiable as nonimmigrant treaty investors.

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Bona fide enterprise: a real, active, and operating commercial entity providing services or goods with the purpose of gaining profit. It must comply with the legal requirements of its jurisdiction.

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The list above contains the general requirements and may vary depending on each individual case, there may be requirements other than listed above.