When calculating the total amount you have invested in your U.S. business for an E-2 visa application, every legitimate expense counts toward meeting the “substantial investment” requirement. A common question from applicants is whether they can include attorney fees as part of this investment. The answer is yes. By “attorney fees,” we are referring to the fees paid to lawyers who assist with the creation of the business (such as establishing the LLC or corporation and drafting the operating agreement) or who prepare the visa application itself. At Scott Legal, we typically include these fees when calculating the total investment because legal support is a necessary part of establishing and operating a business in compliance with U.S. laws.
Why Attorney Fees Aren’t the Best E-2 Visa Expenditure
While it is possible and permissible to include attorney fees, they should not be the primary or largest portion of your investment. When examining your E-2 application, immigration officers want to see that your funds are being actively used to get the business up and running.
Prioritizing Operational Expenses
Expenses such as equipment purchases, rent, employee salaries, inventory, and marketing are generally considered to be strong investment evidence. They demonstrate that your capital is directly committed to making the business operational and profitable. Attorney fees, on the other hand, are often seen as a relatively weaker expense category because they are arguably not directly related to the day-to-day operations or revenue generation of the business.
The Risk with USCIS Adjudication
This distinction is especially important if you are filing your petition with USCIS, as they tend to give less weight to attorney fees in comparison to expenses that contribute directly to business operations. If your total investment amount is relatively low, having a significant portion of it allocated to legal costs can raise red flags for an adjudicator.
What the Examiner Is Looking For
For an E-2 visa application, immigration examiners are primarily interested in expenses that demonstrate a real and active business. While attorney fees are necessary, they do not contribute to the actual operations of the business in the same way that a commercial lease, specialized machinery, or payroll for staff does.
Comparing Investment Scenarios
For example, consider two applications with a total investment of $100,000:
- Scenario A: $20,000 spent on attorney fees, and $80,000 spent on inventory, equipment, and rent.
- Scenario B: $50,000 spent on attorney fees, and $50,000 spent on operational costs.
Scenario A is in a much stronger position. The allocation of funds clearly shows that the majority of the capital is being used to build a functional business, whereas Scenario B might suggest a business that is not yet ready to operate.
Charting Your Path Forward
Attorney fees can be included in your E-2 visa investment amount, but they should not constitute a large portion of your total expenses. To strengthen your E-2 visa application, focus on committing the large majority of your investment toward expenditures that are directly related to making the business operational and profitable.
If you need help structuring your E-2 visa investment or want guidance on maximizing your chances of approval, 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.
