A critical aspect of the E-2 visa application is demonstrating that you have made a substantial investment in a U.S. business. However, not all expenditures qualify. A common question is whether the cost of your home—whether rented or purchased—can be included in your investment amount. The answer is a clear no. Here’s why and what you should consider instead.
Why Housing Costs Cannot Be Included
The U.S. government views your home as a personal living space, not a business-related investment. Including housing costs in your E-2 visa application may raise concerns about the legitimacy of your claimed investment.
- Not Business-Related: Whether you’re renting or purchasing a home, these expenses are unrelated to the operation or growth of your business.
- Negative Impact on Your Application: Immigration officers may see the inclusion of housing costs as an attempt to inflate your investment amount artificially, which can hurt your application.
What to Do Instead
To strengthen your E-2 visa application, focus on legitimate business expenses. One highly recommended step is securing a commercial lease for your business operations.
Benefits of a Commercial Lease
- Demonstrates Commitment: A commercial lease shows that you are serious about establishing and operating a business in the U.S.
- Qualifies as a Business Expense: Unlike personal housing, rent for a commercial space is directly tied to your business operations and is a legitimate part of your investment.
- Even a Month-to-Month Lease Helps: If committing to a long-term lease isn’t feasible, a month-to-month commercial lease can still demonstrate business intent and qualify as part of your investment.
Key Takeaways for E-2 Applicants
- Exclude Personal Housing Costs: Do not include the cost of your home, whether owned or rented, in your investment amount.
- Focus on Business-Related Expenses: Concentrate on expenditures like equipment, inventory, professional fees, and commercial leases.
- Strengthen Your Case: Providing clear evidence of legitimate business expenses increases the credibility of your investment and improves your chances of approval.
Conclusion
While the cost of your home cannot be included in your E-2 visa investment amount, securing a commercial lease or other legitimate business expenses can significantly strengthen your application. Avoid including personal expenses to ensure your investment aligns with U.S. immigration requirements.
At Scott Legal, P.C., we specialize in E-2 visa applications and can guide you in identifying qualifying investments and preparing a strong petition. Contact us today for a consultation or explore our free resources to learn more.
