E2 Visas – How to Document Investment Funds Pathway

Tips for Establishing E2 Visa Investment Funds Source

⇒ Essential for E2 Visa Approval

By Isaul Verdin, VERDIN Founder and Managing Partner

To improve the odds of obtaining an E2 visa, foreign investors need to properly document the pathway of their investment funds.

Foreign investors need to show the pathway of the funds – from origination to the ultimate utilization of those funds.  The clearer the path, the more likely the U.S. government will issue the E2 visa. The U.S. government investigates the source of E2 Visa investment capital to ensure that marginality requirements are met; and to ensure that criminal organizations are not laundering money in the United States.

U.S. government officials will seek to ensure that the investor is providing the E2 Visa investment capital from a legal and verifiable source; such as a successful existing business.

Necessary For Establishing the Pathway of E2 Visa Investment Funds

• Show origination of funds. Foreign investors need to show how they obtained the funds.  Some origination sources require more documentation, such as the disposition of property, but whatever the source, it is important to show that the investor has legal possession and control of the funds.
• Show accumulation of the funds. Foreign investors need to show where they held or deposited the funds before transferring the funds into a corporate account. Sometimes, an accumulation account will have multiple origination sources. In most cases, although not legally necessary, the accumulation account is outside the U.S.
• Show transfer of funds. Investors should provide wiring instructions or other bank instruction showing the actual transfer of funds.
• Show any intermediary path account deposits into the U.S., if applicable. Sometimes, foreign investors will transfer funds from a foreign individual account into a U.S. individual account before subsequently transferring into a corporate account.
• Show final transfer into the enterprise’s corporate account. One general tip when transferring funds in between accounts is to show proximate dates in the timing from transfers to deposits.  In other words, the date of the transfer should match the date of the deposit, or the dates should be close to the same.
• Show utilization of investment funds. Lastly, foreign investors have to show that they are actually spending the funds toward the business enterprise. Thus, showing the outflow of capital through cancelled checks and corresponding contracts and invoices is critical to achieve the E2 visa.

E2 Visa Applications – Actions to Avoid

1. The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family.
2. Limiting investment to easily sold items. If the E2 Visa is not approved, many applicants want to rapidly liquidate items such as inventory or commercial lease costs. This does not demonstrate confidence in the business plan.
3. Adding travel costs to the E2 Visa application as a business expense. Travel expenses are usually not accepted by USCIS.
4. Simply depositing $100,000 or more in a US bank account. Having money in a bank account does not prove that the money is committed to establishing a business and meeting E2 Visa investment requirements.
5. Investing in Real Estate Properties only.  The E2 investment needs to be ongoing and active; such as a property management firm that invests in and resells assets. See the Verdin E2 Visas Guide for Real Estate Companies.
6. Using your home as your office: For E2 visa purposes, using your home as your office can be a red flag for immigration. It can indicate that you are not taking your business seriously; and are not secure enough in your business model to invest in office space.

VERDIN E2 Visas Business and Investor Group

VERDIN’s business and investor group provides help to clients wanting to establish and/or expand their operations in the United States. We have helped clients in multiple industries to include: international trade, real estate, restaurants and hospitality, technology, beauty and fashion, retail and services.

VERDIN represents clients in business planning and E visa matters involving real estate ventures, technology start-ups, business acquisitions, or new business formations. See E2 Investment Visa Potential Booming in Frisco TX Area.

Our team is especially focused on forming a strategic relationship with our clients to aid them to succeed in the early planning stages. Many of our clients retain us at early stage planning to maximize opportunities for success.

E2 Visa Business Planning

We provide international clients strategic advice on starting and operating a new venture to secure immigration benefits. We address preliminary business planning to include business modeling, legal entity selection, business plan preparation and revision; and business document preparation for incorporations and owner agreements.

We are experienced in handling complex E2 investor cases.

We routinely deal with US Citizenship and Immigration Services, US embassies and consulates around the world to help our clients achieve their investor visas. We develop strategies to effectively navigate the statutory and regulatory requirements. We invest in professional development training and mentoring programs as part of our ongoing professional growth. Equally important, we stay informed on changes related to policies and procedures affecting our client’s investor cases.

In addition, we assist E2 designated businesses petition for foreign employees with special qualifications that are essential for the business.

E2 Visa or Immigration Questions? Please Contact VERDIN Law

Isaul Verdin has extensive experience advising multinational companies and entrepreneurs on complex US immigration matters involving investments.

Mr. Verdin focuses on advising companies on structuring entities, acquisitions, and strategic expansion to satisfy US immigration E-1, E2, L1A, L1B, or EB-1 objectives in a variety of fields. These business opportunities include real estate, aviation, technology, manufacturing, retail, luxury goods, and professional services. Additionally, he litigates deportation defense matters throughout the US.

VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.

“As a Board Certified, Immigration Lawyer (Texas Board of Legal Specialization) with over 17 years of experience, my passion is immigration law. We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul Verdin, Founder and Managing Attorney

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