The business must be an active, for-profit enterprise, generating significant economic impact, beyond merely providing income for the investor and their family.

If a foreign parent company from a treaty country is operating a subsidiary in the U.S., evidence of the corporate relationship between the two entities, such as business formation documents and evidence that both entities are operational, such as financial statements/tax returns, bank statements, payroll documents, organizational charts, etc.

Documentation demonstrating significant trade between the treaty country and the U.S., including purchase orders, bills of landing, letters of credit, brochures, customs papers, sales contracts, etc.

If abroad, file Form DS-156E and DS-160 with the home country Embassy with the requisite documents listed above.

If in the U.S., file Form I-129, Petition for a Nonimmigrant Worker with USCIS and includes all supporting documents mentioned above. This does not come with travel permission and should be considered carefully. 

Other Information:

1. Visa validity is based on the treaty agreement with the home country. 
2. Each entry into the U.S. will be granted for a period of up to 2 years on Form I-94.
3. Extensions from within the U.S. can be granted in two year increments.
4. E-2 renewals can also be filed at the home country Embassy.
5. Family can obtain E-2 visas and spouses can work.