What are the requirements for invested capital?

The investor must have already been committed/spent on the enterprise and the capital must be subject to loss (partial or total) if the investment fails.

In order to determine if a business is marginal USCIS looks to:

• The enterprise must be capable of generating significantly more income than that to simply provide a living for the investor and his or her family.
• The enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.
• USCIS often tests the projected return on investment and the business’ capacity to hire U.S. workers as a measure of a business’ capacity to make a significant contribution to the U.S. economy.