What is the E-2 Investor Visa?
The E-2 Investor Visa is a temporary visa for nationals of certain countries, for the purpose of enhancing or facilitating economic and commercial interaction between the United States and the treaty country. Citizens of these countries may qualify for an E-2 visa if they meet the following other requirements:
Applicant has invested or is actively in the process of investing
Business is a real and operating commercial enterprise
Applicant's investment is substantial
Investment is more than a marginal one solely for earning a living
Applicant is in a position to "develop and direct" the enterprise
Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm's operations in the United States
Applicant intends to depart the United States when the E-2 status terminate
Source of Funds
One part of an E-2 application is showing the source of funds and its trail to the United Sates. You must prove that the investment money comes from a lawful source. For example, if the money is from employment, you will have to show taxes or other pertinent documents. If the money came from stocks, you will have to show evidence of their sales. Any money that cannot be accounted for, for example cash transactions without any receipt, would not qualify as part of your E-2 investment.
You also need to show that these funds belong to you. If you are using your employment earnings, then clearly the investment funds are yours personally. It is important to note that monies given to you as a gift can also count because these are now your personal funds. The person who gifted the monies will have to provide a gift letter, and then you will also have to show that the source of this gift money is lawful as previously discussed.
Trail of Funds
You will then have to show the trail of these funds to the United States and to your E-2 investment. One way to do this is to open up a U.S. business bank account, transfer the entire investment funds to this account, and then make any investment purchases from this account so that you have a clear record of transactions.
We are happy to discuss your E-2 ventures and what documents will be required to meet the source & trail of funds requirements. Please contact us for a consultation. We are here to help. Follow us on Instagram, Twitter, Facebook, LinkedIn or Tumblr for up-to-date immigration news.
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