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
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
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
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.
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