The E-2 visa is a popular choice for entrepreneurs looking to invest in and manage a business in the United States. As applicants calculate their total investment to meet the “substantial” requirement, a common question arises: can expenses like flights, hotels, and meals be included in the E-2 visa investment expenses? While these costs often feel like a necessary part of launching your venture, the answer from immigration authorities is generally clear: no, they should not be included.
Why Travel and Living Expenses Don’t Count
Expenditures such as airfare, hotel stays, and daily meals are typically classified by U.S. consulates as personal or incidental expenses rather than legitimate business investments. The primary reason is that the E-2 visa requires capital to be “irrevocably committed” to the enterprise and “at risk” in a commercial sense.
Not Recognized as Business Expenses
U.S. consulates often view travel and living costs as unrelated to the direct, operational success of the business. While you may need to fly to the U.S. to sign a lease, the flight itself does not add value to the company in the same way that buying equipment or inventory does. Including these personal costs can signal to adjudicators that the applicant is struggling to reach a substantial investment figure and is trying to artificially inflate the amount.
The Potential Negative Impact on Your Application
Some U.S. consulates explicitly state on their websites that travel and living expenses are inappropriate for inclusion in E-2 visa applications. Submitting these costs as part of your core investment table can raise doubts about the legitimacy of your business expenditure claims. It may lead an officer to question whether you truly understand the requirements of the visa or if you have sufficient capital to actually run the business, thereby weakening your overall application.
What Counts Toward the E-2 Investment Amount?
To ensure your application is strong, you must focus on expenditures that directly contribute to the operation and growth of your business. Legitimate E-2 visa investment expenses are those that purchase assets or services essential for the company’s function.
This includes funds spent on lease agreements, such as prepaid rent for office or commercial premises, which demonstrates a physical commitment to the location. Equipment purchases are also a cornerstone of a good investment; money spent on machinery, furniture, computers, or vehicles dedicated to the business is clearly “at risk.” Similarly, inventory costs for goods or materials necessary for production or sale are excellent evidence of commercial activity.
You should also include legal and professional fees, such as payments to business attorneys, accountants, or consultants who are assisting with the corporate setup (though legal fees for the visa application itself are often excluded). Finally, marketing expenses, including website development, advertising campaigns, and branding materials, are recognized as vital for launching a new enterprise. By focusing on these legitimate expenses, you can present a robust and credible investment case to U.S. immigration authorities.
Best Practices for Your E-2 Investment Table
When preparing your financial documents, it is best to strictly exclude travel and food costs. Avoid commingling these personal expenses with your business ledger. Instead, keep detailed records of all qualifying business expenditures, such as invoices, receipts, and proof of wire transfers. Maintaining clear, segregated documentation will help you present a clean and professional case to the consular officer.
Conclusion
While flights, hotels, and food costs may feel like an integral part of the startup process, they generally do not qualify as legitimate business expenditures for the E-2 visa application. Focusing your resources on direct business assets—like inventory, equipment, and marketing—and adhering to consulate guidelines will significantly improve your chances of success.
At Scott Legal, P.C., we specialize in E-2 visa applications and can help ensure your investment is well-documented and compliant with U.S. immigration standards. We invite you to download our free guides, sign up for one of our free webinars where you can ask questions, or schedule a consultation with us today to explore your options.
