There are two types of treaty visas:  E-1 treaty trader and E-2 treaty investor.  The requirements are set out in the Immigration Regulations.  First for either visa, a treaty must exist between the US and the foreign country of which the alien is a national.   Here is the link for the treaty list:

For the treaty trader visa, the trade between the US and the foreign country must make up the majority of the foreign trade.  Finally, there must be a pattern of systematic trade which shows that there is a steady volume of trade.

For the E-2 visa, the investment made into the US corporation must be substantial.  There is no set investment required as every entity and set up are different, but it must be a substantial.  Next, the investment funds must be placed a risk which means that you cannot just have them sitting in a bank account and expect the visa to be issued.  Finally, the investment cannot be marginal which means that there should be income for US employees and maybe even a profit.

For more information concerning this visa, please contact our immigration attorneys at (954)344-7737 or