Yes, you can use intellectual property (IP) as your investment for an E2 visa. You even highlighted the relevant section of the US foreign affairs manual that allows such investment. The idea here is that intangible property has value just like tangible property so they both can be used as an investment. But, the value of the intangible property is obviously much more difficult to determine because it is intangible. So this provision allows an investor to use intangible rights as an E2 visa investment if that investor can point to some specific dollar amount and show specifically that the intangible right is a substantial investment because it has substantial value.
In practice, it is important to remember that even though IP rights may be very valuable to you, these rights are intangible so you need to find a way to translate that worth into a dollar amount. Also, you need to back that valuation up with evidence to prove how much it is worth.
The first option to show value mentioned in the text is market value. This could actually be pretty easy to show in some situations. For example, if someone has offered to purchase or license your patent, then you could just show how much you were offered and that amount will establish the market value for your IP rights. However, you may not have a readily available market value to point to.
In that case, then you can turn to the value of any contracts that stem from the IP right itself. Again, here you can use any dollar amount that you have contracted to receive to show the value of your IP right. Even though you do not necessarily need to have been paid for the contracts yet, the contracts have to be current, meaning they have to be signed and valid at the time. Speculative future contracts will not be enough.
I would suggest speaking with an immigration attorney to help you through the visa process. An experienced immigration attorney will know how to navigate the process and will be able to walk you through it so that you can satisfy all requirements. If you are looking for an immigration attorney you should check outwhere we will match you with a top immigration attorney for a free initial consultation. Our legal platform makes the legal experience easy and quick. Hope this helps.