Introduction
A common question among E-2 visa applicants is whether the investment funds must come from outside the United States or specifically from their home (treaty) country. The good news is that the answer to both is no. E-2 visa investment funds can originate from various sources, as long as they meet certain requirements. This article clarifies where funds can come from and what applicants need to prove.
Does the Investment Need to Come from Outside the U.S.?
No, E-2 visa investment funds do not need to originate from outside the United States. Here are examples of how funds could be sourced:
- Earnings in the U.S.:
- Money earned while working or conducting business in the U.S. can be used for your E-2 investment.
- Loans or Gifts from U.S. Residents:
- Funds gifted or loaned by a relative or other individual in the U.S. can also be used.
As long as you can document the legitimacy of the funds and establish a clear trail showing how they were acquired, their origin within the U.S. is acceptable.
Does the Investment Need to Come from the Treaty Country?
No, the investment funds do not need to come directly from the treaty country. For example:
- A Canadian E-2 visa applicant is not required to transfer funds from Canada to the U.S.
- The money can flow from any other country, including a third-party country, as long as the source is legitimate and documented.
Key Requirement: Funds Must Come from a Legitimate Source
Regardless of where the funds originate, E-2 visa applicants must demonstrate that the money was obtained legally. This requires providing:
- Documentation of the Source: Bank statements, tax returns, or financial documents showing the origin of the funds.
- Clear Paper Trail: Evidence of how the money was transferred to the U.S. business.
By establishing the legitimacy of the funds and their connection to the applicant, you meet one of the critical requirements for the E-2 visa.
Best Practices for E-2 Visa Investment Funds
- Document Everything:
Maintain comprehensive records showing the origin of the funds and their transfer to the U.S. - Avoid Unverified Sources:
Funds with no clear paper trail or from questionable sources can jeopardize your application. - Consult an Immigration Attorney:
An experienced attorney can help you gather the necessary evidence and ensure your investment meets U.S. immigration standards.
Conclusion
E-2 visa investment funds can originate from any country, including the U.S., as long as their source is legitimate and well-documented. Understanding these requirements and presenting a clear case can significantly improve your chances of a successful application.
At Scott Legal, P.C., we specialize in E-2 visa applications and can guide you through the process of documenting your investment funds. Contact us today to schedule a consultation or explore our free resources to learn more.
