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Treaty classification

E-2 Treaty Investor

E-2 requires treaty-country nationality, a substantial investment that is irrevocably committed and at risk, a real and operating commercial enterprise, and evidence the enterprise is more than marginal. The evidentiary spine is financial: a traceable source-of-funds chain from origin to deployment, which is precisely the kind of multi-document chronology that manual assembly handles badly.

Governing standard

Substantial investment in a real and operating enterprise by a treaty national

8 CFR 214.2(e); 9 FAM 402.9

Denial rate after RFE
19.8%
Median processing
79 days
Form
I-129
Initial RFE rate
22.4%
Median exhibit pages
210
Manual assembly
12 hrs
On Docket Build
30 min

Statutory criteria

What the record has to establish.

Each element below is a mapped criterion in the Docket Build criteria pack, with its citation and the evidence types that satisfy it.

01

Treaty nationality

214.2(e)(3)

  • Passport
  • Ownership documents establishing nationality of the enterprise
02

Substantial investment at risk

9 FAM 402.9-6

  • Wire transfers
  • Bank statements
  • Purchase agreements
  • Proportionality analysis
03

Real and operating enterprise

214.2(e)(12)

  • Lease
  • Licences
  • Payroll
  • Customer contracts
  • Website and marketing
04

Not marginal

9 FAM 402.9-6(E)

  • Five-year business plan
  • Job creation projections
  • Financial statements
05

Develop and direct

214.2(e)(15)

  • Ownership percentage
  • Board control
  • Management role evidence

Failure modes

What actually draws a request on a E-2.

Compiled from the request language our customers record on their own matters and from published AAO decisions in this classification.

Full RFE trends hub
  • Source-of-funds chain with an unexplained intermediate account
  • Investment funds still held in a personal account rather than committed
  • Business plan projections unsupported by the actual financial record
  • Ownership documents that do not reconcile to the claimed treaty nationality percentage

Document checklist

What a complete filing carries.

Full printable checklist →

Nationality and ownership

  • Passports of all owners

    Establishing at least 50% treaty-country ownership

  • Cap table and share certificates

    Reconciling to the claimed ownership percentage

Source and path of funds

  • Source of funds documentation

    Origin, accumulation and lawful provenance

  • Wire transfer records

    Unbroken chain from source account to the enterprise

  • Purchase or lease agreements

    Showing funds irrevocably committed

  • Escrow or closing statementswhere applicable

    Where a business was acquired

Enterprise operations

  • Commercial lease

    Physical premises for the operation

  • Licences and registrations

    State, local and industry-specific

  • Payroll records and employee listwhere applicable

    Supporting the non-marginality argument

  • Five-year business plan

    With job creation projections and financial model

Also treaty

Related classifications.

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