The E-2 visa allows entrepreneurs from treaty countries to live and work in the United States by investing in a U.S. business. One common question is whether funds from a business owned in the applicant’s home country can be used as part of the E-2 visa investment. The answer is a resounding yes, provided the funds meet specific requirements.
Using Business Funds for an E-2 Visa Investment
If you own a business in your home country, you can absolutely use its funds to invest in a U.S. business or start a new one. These funds can be accessed through:
- Loans or Distributions: Funds distributed to you as the owner or through legitimate loans.
- Savings or Reserves: Accumulated profits or retained earnings from your foreign business.
Requirements for the Source of Funds
While using foreign business funds is allowed, the U.S. government requires proof that the investment money comes from a legitimate source. This means you must provide documentation showing:
- Ownership of the Foreign Business:
- Documents proving you own the foreign company, such as incorporation papers or shareholder agreements.
- Legitimacy of the Funds:
- Tax returns, audited financial statements, or other evidence showing that the company’s profits or retained earnings are legitimate.
- Transfer of Funds:
- Bank statements or wire transfer receipts demonstrating the movement of funds from the foreign business to the U.S. business account.
Key Considerations for E-2 Visa Applicants
- Document Everything:
Ensure that you maintain a clear paper trail showing the origin and transfer of funds. This will help demonstrate that your investment meets E-2 visa requirements. - Legitimacy Is Critical:
U.S. immigration authorities will scrutinize the source of the funds, so provide as much evidence as possible to establish that the money is clean and lawfully acquired. - Consult an Immigration Attorney:
Working with an experienced attorney can help you prepare and organize the necessary documentation, ensuring your investment aligns with U.S. regulations.
Conclusion
Using funds from a business you own in your home country to invest in a U.S. business is entirely permissible under the E-2 visa program. As long as you can prove the legitimacy of the funds and their transfer, you should encounter no issues.
At Scott Legal, P.C., we specialize in E-2 visa applications and can guide you through the process, from sourcing funds to submitting your petition. Contact us today to schedule a consultation or explore our free resources to learn more.
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