Substantial Investment for the E2 Visa
As an E2 visa applicant, the journey begins by identifying the source of funds you plan to invest. Whether it is personal savings, a gift, the sale of a property, an inheritance or a divorce settlement, as long as it is legal and well documented, the source of funds can be almost anything.
Once the source is established, the next step is moving the funds to the U.S. company account and then spending is the key!
TIP! We advise that you do not spend any money on the U.S. business until we have reviewed and approved the source of funds.
When and How to Invest the Funds:
Investment, in the context of the E2 Visa, doesn’t mean moving money to the U.S. and letting it sit in a bank account. The investment must be “at risk,” which is another way of saying it must be spent. This means that you will not be able to recover the money invested if the company faces difficulties or fails.
Your company’s receipts, invoices and bank statements showing how the money was spent are crucial in this step. Although $100,000 is a general guideline, it is important to keep in mind that the actual costs of running a business may exceed this amount. In such cases, we recommend showing investments totaling more than $100,000 and providing the necessary documentation to demonstrate the expense.
In summary, if you move $100,000 USD to a U.S. bank account and you spend $50,000 – for E2 visa purposes, the investment is $50,000. The only money that will count as an investment is the money that has been spent.
Timing of Investment:
You must spend the stated amount before submitting the E2 visa application to the government. The investment, in this context, is a pre-filing step, marking it as the second phase in the E2 visa application process.
After the investment, the application proceeds through several steps, and only once all requirements are met do we submit it to the U.S. Embassy or Consulate in your home country for processing.
We get many questions from investors regarding how long they have to invest (aka spend) the money. The answer is – the money must be invested before we apply for the E2 visa. Therefore, you can take several months to spend the money. In many cases, investors will take at least 8-12 weeks to invest the money for the E2 visa. However, that timeline will depend upon you. Some investors invest all of the money within a week. Some may take a year. The speed at which you invest will depend on how quickly you want to apply for the E2 visa. The sooner you want to apply, the more quickly you must spend the money.
Nothing in this post should be construed as a warranty or guarantee of E2 approval. Only the consular officer handling your interview has control over the approval of the application. Nothing in this post should be considered legal advice.