Phone: 626-642-8066 / Fax: 626-279-5613 / Email: info@e2visalawyer.net

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THE E-2 INVESTOR VISA RESOURCE CENTER

E2 VISA REQUIREMENTS

Overview
Treaty Nationality
Treaty Countries
Investor's Control
Investment Amount
Source of Funds
Real Operating Business
Minimum Business Size
Spouse and Children
Foreign Employees
Application Procedures

START-UP OR BUY BUSINESS

Buying a Business
Buying a Franchise
Registering Company
Purchase Contract
Business License

E2 LAW AND RESOURCES

E2 Regulations
Foreign Affairs Manual
Court Cases
Agency Guidance
Social Security Number

Source of E2 Investment Funds

The E2 investor must have possession and control of the capital and funds invested. Moreover, the investor must have acquired the funds from lawful sources such as personal savings, investment earnings, gifts, inheritance, etc. The source of funds does not have to come from outside the United States. Money obtained inside the US may be used for E2 investment. However, inheriting a business does not qualify for E2 visa.

Certain types of loans may qualify as E2 investment fund. Generally, loans secured by the investor’s personal assets, such as a second mortgage on a home, or unsecured loans, such as a loan on the investor’s personal signature, may be included in the investment.

However, loans such as mortgage debt or commercial loans secured by assets of the E2 enterprise cannot count towards the investment. For example, if the business in which the applicant is investing is used as collateral, funds from the resulting loan or mortgage do not qualify for E2 investment, even if some personal funds are used.

In sum, eligible investment funds may only include money in which the investor’s personal assets are involved, such as personal funds, other unencumbered assets, a mortgage with the investor’s personal real estate used as collateral, or some similar personal liability. A reasonable amount of cash, held in a business bank account to be used for routine business expenses, may be counted as investment funds. Thus, the investor is not required to spend all of the funds for the entire amount to count towards the total investment.

The funds and assets to be invested must be committed to the investment, and the commitment must be real and irrevocable. For example, the purchase of a business which qualifies for E2 status in every respect may be conditioned upon the issuance of the visa. Despite the condition, this would constitute a solid commitment if the assets to be used for the purchase are held in escrow for release or transfer only on the condition being met.

In addition, the business must have started operating or be close to the start of actual business operations, not simply in the stage of signing contracts or scouting for suitable locations and property. Mere intent to invest, or possession of uncommitted funds in a bank account, or even prospective investment arrangements entailing no present commitment, do not satisfy the E2 visa requirements.

FOR CONSULTATION WITH AN IMMIGRATION ATTORNEY, PLEASE CALL US AT (626) 642-8066 OR E-MAIL US AT: INFO@E2VISALAWYER.NET. AN ATTORNEY IN OUR OFFICE WOULD BE HAPPY TO ASSIST YOU.

THE INFORMATION ON THIS WEBSITE IS NOT TO BE CONSIDERED LEGAL ADVICE. SUCH INFORMATION IS INTENDED TO EDUCATE MEMBERS OF THE PUBLIC GENERALLY AND IS NOT INTENDED TO PROVIDE SOLUTIONS TO INDIVIDUAL PROBLEMS. READERS ARE CAUTIONED NOT TO ATTEMPT TO SOLVE INDIVIDUAL PROBLEMS ON THE BASIS OF INFORMATION CONTAINED HEREIN AND ARE STRONGLY ADVISED TO SEEK ADVICE FROM AN EXPERIENCED IMMIGRATION ATTORNEY REGARDING SPECIFIC CASE SITUATIONS.

All services relating to immigration and naturalization provided by the Law Office of Bobby C. Chung, P.C. are provided by lawyers who are active members of the State Bar of California or by a person under the supervision of a licensed lawyer.

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