You qualify for an E2 visa if you are a foreigner who intends to put a significant investment in a US company. This is inclusive of foreigners who will be serving as conduit for investments from their home country to be directed to a US enterprise. If you will be helping the US Company manage such investments, you will also qualify for an E2 visa. Length of stay with E2 visa may depend on a bonafide citizen of a country with which the US has a treaty of navigation and commerce. If you are a spouse of someone with an E2 visa, you will also be granted an E2 visa. This means you can also be employed in the US provided you submit the necessary employment authorization document. The length of stay with E2 visa may also be dictated by the amount of investment you intend to invest in the US enterprise. The US company must also be functional and operating commercially if you intend to keep your E2 visa. If your investment is speculative or simply placed in a bank account, you do not qualify for an E2 visa. This means the US Company should be using your investment actively for its regular operations. The period you stay in US may be dependent on whether you are able to control the flow of the funds to the US enterprise and if the investment is at risk commercially.
You may also be asked by the US government to prove that you will only be staying temporarily in the US in relation to your work with the US Company. An E2 visa is initially active for the first five years after visa approval – after that, you need to seek a two-year extension from the US Citizenship and Immigration Services.