The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of investing, a substantial amount of capital.  If you are an employee of a treaty trader investor you may also be qualified as an E visa holder if your duties require special qualifications essential to the business. The non-immigrant must have the same nationality as the alien employer and the home country of the non-immigrant must have a treaty with the United States.

The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails.

Dependents (spouses and unmarried children under 21 years of age) of E-2 workers are entitled to E-2 status.  Dependents may be students in the U.S. and dependent spouses may obtain an Employment Authorization Document.