An alien seeking E-2 status must be a national of a country with an appropriate treaty. The U.S. business employer of the alien must be at least 50% owned by nationals of the alien’s country. An E-2 alien must be an investor in the U.S. business, or possess skills essential to the business. The business must be a substantial investment. This classification can be obtained by individuals setting up a U.S. business and does not require the existence of a foreign business with a special relationship to the U.S. business. S change to E status within the U.S. is possible. The period of time an alien may stay in the U.S. in E status is not limited.

1. 8 USC §1101 (a)(15)(E)(ii). [INA § 101]