Where Can We Invest Money For E2 Visa?
E2 Visa Source of Investment Funds
E2 visa application has various requirements, one of them is showing the E2 visa source of investment funds.
We will discuss the requirement of an E2 visa investor to "possess and control the funds" and what it actually means in the context of E2 visa application. We will also touch upon the U.S. as the E2 visa source of investment funds – i.e. whether the E2 investment money can come from the U.S. sources or whether it must come from the national's country.
The possession and control requirement:
What does it mean that the E2 investor must be in possession of E2 investment funds?
The treaty investor must be in possession of and have control over the E-2 visa investment capital. Plainly put, possession and control over the investment capital means that the money actually belongs to the E2 investor, and he/she has the right to invest that money. The investor cannot simply invest a third party's money, for example their parent's or partner's money.
Some of the ways E2 visa investor can demonstrate possession and control of E2 visa investment funds:
Possession of the funds may be demonstrated by bank statements and bank transfers where the E2 investor is named as the owner.
Possession can also be demonstrated through gift or inheritance documents where the E2 investor is the named beneficiary of the inheritance or the gift.
Possession can also be demonstrated through.
the lottery winnings
earnings
sale of property
sale of business
or - secured loans
among many other legitimate means and sources of earning or receiving the E2 visa investment funds.
E2 visa source of investment funds that will not work:
Mortgage debt or commercial loan secured by enterprise assets because the applicant will not be able to show possession of the funds. 9 FAM 402.9-6(B)(c)(1); 62 FR 41138 at 48142 (Sept. 12, 1997).
Unsecured loans being paid off through direct payments from a business would also not qualify because the requirement of the funds possession by the investor is not being met.
What if the E2 visa applicant wants to use unsecured loans that has not been repaid yet for the investment capital? (Referring to funds from an unsecured loan that are not in the possession of the E2 investor and the loan has not been repaid yet)
In such scenario the required element of possession does not apply unless the unsecured loan has been paid off. The funds are not in the person's possession until the loan has been fully repaid. Therefore, in this scenario, unsecured loans would not qualify for the investment capital because the E2 investor will not meet the possession requirement.
Another example of what would not work as an investment is inheriting a business 9 FAM 402.9-6(B)(b). However, the E2 visa applicant may use inherited funds for an investment or funds from the sale of the inherited business.
U.S. as the E2 visa source of investment funds:
We are often asked whether the E2 visa applicant must demonstrate that the investment money came from abroad or their home country? The statute does not require that the source of the funds be outside the U.S. 9 FAM 402.9-6(B)(b).
Therefore, the E2 investment money can come from the US sources, so long as the source is lawful. The focus is on the funds being obtain via lawful means, not a country of origination.
Therefore, the E2 visa applicant can use investment money lawfully obtained in U.S.
As we discussed above, the source of the E2 investment funds may include capital assets or funds from savings, gifts, inheritance, contest winnings, loans collateralized by the alien's own personal assets … or other legitimate sources. The source of the funds need not be outside the United States.
However, funds cannot be obtained directly or indirectly through criminal activity. 8 CFR §214.2(e)(12). Criminal activity does not include activity which would be lawful under U.S. law. Thus, the violation of foreign laws restricting the exit of capital from the country would not be considered using funds that came from a criminal activity. 62 FR 48138 at 48142. (Sept. 12, 1997).
Providing proof of legal source of funds is best practice.
In summary:
Successful E2 visa applications will need to demonstrate the lawful E2 visa source of funds and that the applicant has control and possession of the E2 visa investment funds.
Do you need assistance preparing and filing an E2 visa application? Are you not sure whether your business goals will allow you to qualify for an E2 visa successfully? Our E-2 visa immigration lawyer can help you file an E-2 visa with USCIS and U.S. Department of State. With years of experience helping E-2 visa investors get their start in the U.S., our lawyer is uniquely equipped with the knowledge to help you with your specific E-2 visa application needs.
By filling out consultation form, you can schedule a one-on-one phone or video consultation with our E-2 visa immigration attorney and get started on the road to success.
During your consultation, our attorney Victoria Kuzmina will explain the E-2 visa requirements, the list of necessary documents, the realistic timelines and applicable fees. Attorney Victoria Kuzmina will also discuss which course of action will suit your case best as well as the factors that make up a strong business plan in support of a successful E-2 visa application.
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Where Can We Invest Money For E2 Visa?
Source: https://www.kuzminalaw.com/immigration-articles/e2-visa-source-of-investment-funds
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