U.S immigration policy supports investors and foreign commerce in a variety of ways. The E-2 visa is issued to individuals known as "treaty investors". A treaty investor is defined as a national of a country with which the United States maintains a treaty of commerce and navigation.

The treaty investor must be able to demonstrate that they are coming to the U.S. to partake in either a substantial investment (including business in services or technology between, primarily, the U.S. and the treaty nation); or to direct the operations of a business in which the E-2 holder has invested or will soon invest a substantial amount of money.

E-2 visa holders must own more than fifty percent of the proposed investment, unless that person is entering the U.S. as an employee of a business providing more than fifty percent of the total investment.

E-2 visa holders may remain in the United States for up to two years. Your spouse and/or children under the age of 21 may accompany you under derivative status.