Basic Requirements for E2 Visa Investments
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 US.
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.
Good news for E2 visa investors is that U.S. officials will not consider the investor funds to be from criminal activity – if the business activity is lawful in the U.S., but not lawful in the foreign country. For example, some countries criminalize removing capital from their territory.
In this case, even though it may be criminal to export capital from the foreign country, the U.S. will allow the investor to satisfy the investment requirement with that same capital; because it is not illegal to export capital from the U.S.
It is critical that the foreign investor consider the source of the capital before investing; and be able to document ownership of the investment capital. To confirm whether an investment source is acceptable for an E2 Visa application, seek legal counsel from an immigration lawyer investing.
E2 Visa Frequently Asked Questions – Investment Capital
- What basic documentation do I need to provide for the E2 Via Application?
The U.S. government wants to see that the foreign investor has planned for success. E2 Visa investors should provide a detailed 5-year business plan; forecasting capacity to generate sufficient revenue to exceed minimal living standards. Contact VERDIN for business plan assistance. - What kind of business enterprise should be considered?
The E2 visa investor should provide evidence to show that their proposed enterprise will create job opportunities in the U.S. By expanding jobs in the U.S. economy, the investor can increase his or her probabilities of obtaining the E2 visa. - How do I qualify as an income-generating business?
E2 applicants need to provide evidence that the enterprise will generate significant income at a level that is above a standard living income for the total number of family members in the investor’s household. - What evidence is needed for proposed business income?
E2 visa applicants must provide evidence that the proposed business will generate significant income.
. For example, if the enterprise has already generated high sales volume, then the investor should provide bank statements and Profit & Loss statements to support the stated income. - What other business documentation is needed?
To establish the legality for the source of E2 Visa capital investment, carefully document all existing business transactions. Be prepared to submit the documentation with the E2 Visa application.
E2 Visa Applications – Actions to Avoid
- 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.
- 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.
- Adding travel costs to the E2 Visa application as a business expense. Travel expenses are usually not accepted by USCIS.
- 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.
- 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.
- 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.
E2 Visa or Immigration Questions? Please Contact VERDIN Law
Isaul Verdin, VERDIN Law
DFW Immigration Lawyer
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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