The investment must be at risk, (not passive like investing in the U.S. stock market) in a new or existing business venture, and the investment capital must come from the investor.

Such capital cannot be obtained through a loan on the business "invested" in.

This visa also requires the investor to have a separate source of income, apart from the new investment he or she is making in the U.S. If the investor has a foreign business, it is almost always more advisable to analyze the possibility of petitioning for the L-1 intra-company visa instead of the E-2 visa, due to the easier path to apply for permanent residence.