The investment must be substantial, sufficient to ensure the success of the business, and the funds must be at risk (subject to potential loss in the normal course of business). The investor must own at least 50% of the enterprise or possess operational control through a managerial role or other arrangement. The business must be an active, for-profit enterprise, generating significant economic impact (beyond merely providing income for the investor and their family).

There are a few different avenues for investing in a U.S. business:

If buying an existing business, evidence of purchase agreements/stock purchase agreements/contract for sale and all other evidence regarding a sale, if the business was purchased, including cashiers checks and bank statements.

If a start up, evidence of business formation documents and Tax ID, a lease, contracts for work, and receipts for all inventory, equipment, and all of materials needed to set up the business, etc. Detailed business plan with five year projections on both earnings and staffing will be needed for all start ups.

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.

In all situations above 1-3, documentation demonstrating source of funds e.g. how was the money for the investment was amassed e.g. personal funds, business earnings, sale of business/property, inheritance or other source of legitimate earnings, with all applicable documentary evidence from its originating source to its investment in the U.S. enterprise and all steps in between. 

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. Investments greater than $100K tend to be more successful.
2. Investing the money prior to the filing the application is always the preferred route to take. It shows intent to carry through on the business plan.
3. Visa validity is based on the treaty agreement with the home country. 
4. Each entry into the U.S. will be granted for a period of up to 2 years on Form I-94.
5. Extensions from within the U.S. can be granted in two year increments.
6. E-2 renewals can also be filed at the home country Embassy.
7. Family can obtain E-2 visas and spouses can work.