For an E-2 visa, you must prove your investment funds are lawfully obtained, irrevocably committed (at risk), and sufficient for the business. U.S. immigration authorities scrutinize fund sources carefully, so comprehensive documentation is essential.
Acceptable Fund Sources and Documentation
According to the Foreign Affairs Manual (9 FAM 402.9-6(B)), acceptable sources of investment funds include “capital assets or funds from savings, gifts, inheritance, contest winnings, loans collateralized by the applicant’s own personal assets or other legitimate sources.” This provides the regulatory basis for the following commonly used fund sources:
- Personal Savings and Employment Income-Provide bank statements showing gradual accumulation over time, tax returns, pay stubs, and employment verification letters. Create a narrative explaining your savings pattern, including any bonuses or promotions that boosted your savings.
- Sale of Assets-Document property, vehicle, or stock sales with original purchase records, sale agreements, closing statements, and bank statements showing receipt of proceeds. Include tax returns reporting any capital gains.
- Business Profits-Submit business registration documents, audited financial statements for multiple years, business tax returns, profit distribution records, and bank statements showing transfers to your personal accounts.
- Gifts from Family-Provide a signed, notarized gift letter stating the amount and confirming no repayment is expected. Include the donor’s bank statements, tax returns, and documentation of their own fund sources. The key is proving the donor legitimately acquired the money they’re gifting.
- Loans-Present a formal loan agreement with terms and repayment schedule, lender’s financial statements, collateral documentation (property deeds, titles), and proof of loan disbursement. Loans must be secured by your personal assets, not the business itself.
- Inheritance-Supply death certificates, will or trust documents, probate records, estate distribution documents, and bank statements showing receipt of inherited funds.
Creating a Complete Paper Trail
The most critical aspect is establishing a clear chain of custody for your funds. Document every transfer from the original source to final investment. If funds originated in foreign currency, provide exchange rate documentation and bank transfer records.
Organize all documents chronologically and prepare explanatory letters connecting each step. Address any gaps or irregularities proactively, as even legitimate transactions can appear suspicious without proper context.
Common Things to Avoid
Never submit bank statements with unexplained large deposits. Every significant deposit requires supporting documentation. Avoid mixing well-documented funds with money lacking clear sourcing; only invest funds you can fully document.
Don’t provide only recent statements. Show accumulation over time. If older statements are unavailable, obtain letters from banks confirming account history. Ensure all foreign documents include certified translations alongside originals.
For gifts, never skip documenting the donor’s fund sources. Treat donor funds with the same scrutiny as your own. For loans, avoid informal agreements and use attorney-prepared documents with proper security arrangements.
Final Steps
Before submitting your application, verify you’ve documented every dollar with source evidence, created a chronological paper trail, and addressed all potential questions. Consider working with an experienced E-2 immigration attorney who can review your documentation for red flags and help present your fund sources in the strongest possible manner.
Source
- U.S. Department of State Foreign Affairs Manual. https://fam.state.gov/fam/09FAM/09FAM040209.html