E-2 Investment Visa
Requirements:
- A treaty of Commerce or Navigation or a Bilateral Investment Treaty. Since you are a National of France, this would qualify you for E-2 visa status, inasmuch as we have a treaty with France.
- Qualifying under the treaty. In order to qualify under one of the treaties, the company or individual engaging in trade must have the same nationality as the treaty country.
- Nationality of Employee or Principle. The rule is that the principle investor or trader (the primary treaty alien) must have the same nationality as the treaty enterprise. You qualify for this requirement.
- Active Investment. The investor must make an irrevocable commitment of funds that represents an actual, active investment. A qualifying investment must be "active" that is, the business enterprise underlying the investment must represent a real operating enterprise productive of some service or commodity. "Passive" investments will not qualify.
- Substantial investment. No absolute test can be applied in determining whether or not an investment is substantial. The government has an elaborate series of test that it uses to evaluate whether or not the "substantiality" requirement has been met. These test are quite complex.
- Briefly, in order for an investment to be considered substantial, it must meet one of two tests:
a) It must be proportional to the total value of the particular enterprise in question (the test usually applied to an existing enterprise).
b) It must be an amount normally considered necessary to establish a viable enterprise of the type contemplated (a test normally applied to new enterprises).
- Creation of jobs.The investment cannot be marginal in nature, that is, one which only supports the investor and his and her family; in most cases it should create job opportunities for U.S. workers.
- Central role in the enterprise.The person for whom treaty investor status is sought must fill a key role with the company, either as the investor who will develop and direct the investment or as a qualified manger or specially trained and highly qualified employee necessary for the development of the investment.