The enterprise must be a real and active commercial or entrepreneurial undertaking, producing some service or commodity for profit and must meet applicable legal requirements for doing business in the particular jurisdiction in the United States.

According to immigration law, the term “substantial” means “such an amount of capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.” DOS’ position continues to be that there is no set minimum dollar amount that will be considered “substantial” for purposes of E-2 eligibility.

The E-2 nonimmigrant category is a useful, but sometimes overlooked, alternative to the EB-5 immigrant investor category. In many ways, the E-2 classification resembles lawful permanent residence (LPR) status. For example, E-2 nonimmigrants may engage in self-employment (in furtherance of the qualifying investment), may remain in the United States for an indefinite period, and are not required to maintain ties to their home country. In light of these facts, the E-2 classification may be a realistic alternative to the EB-5 category.