I’m filing an E-2 petition through USCIS. What kinds of evidence do I need to show for the source of funds for an E-2 investment?

For applicants who are already in the US on a different status, such as B-1 visitor, and wish to transition to an E-2 status to develop and direct their business enterprise, it may be a practical choice to apply for a change of status through USCIS.  What makes the option attractive for many applicants is the option to request premium processing to receive a decision (or an RFE) within 15 calendar days.

Filing the petition through USCIS entails some special considerations, though. One important distinction between applying for an E-2 through USCIS as opposed to a Consulate is that USCIS focuses extensively on the source of funds for the investment.

In a nutshell, the applicant must provide sufficient supporting evidence proving the source and trail of funds to satisfy the USCIS officer that the funds invested into the E-2 business came from a legitimate source and that the funds were obtained through lawful means.

To prove that the funds were earned through legitimate means, this means the exact source of the earnings must be explained and proven through documentary evidence. Was it through employment earnings? Sale of a property? Unsecured loan from a bank? Capital gains? Income from a different company the applicant owns in their home country?

In addition, to prove that the funds invested were the same money that was earned from the specified source, the accumulation and trail of funds must be supported by documentation. This means the applicant must show documents that makes very step visible of how the funds accumulated in the personal accounts of the investor, then when and how were they transferred into the E-2 business.

Here are some examples of the types of evidence clients would often provide, which shows the extent of detail and thoroughness the source and trail of funds must be documented for USCIS petitions.

• Multiple years’ worth of personal tax returns to show sufficient earnings to account for the funds.
• In some cases, officers may go further and ask for additional evidence to support where the income in the tax return came from, such as an employment letter or pay stubs.
• If the income is from a business, registration documents of the business to show its legitimacy.
• Financial statements and/or corporate tax returns of the business showing income.
• If profits were distributed to the investor-owner, documentation of how the funds were distributed to the owner (e.g., dividends, loan, gift, salary).
• If the funds come from a sale of property, provide all documents (e.g., agreements) related to the sale.
• If a personal loan or gift is the source, a signed letter evidencing the identity of the lender, the amount, when it was disbursed, and how and when it would be paid back, if applicable.
• If a personal loan or gift is the source, the source of the lender or gifter’s funds to provide you with that loan must be documented the same way as would your personal funds.

• Bank statements covering many years as necessary to show the accumulation of the full amount of funds invested.
• Transfer receipts or bank statements showing the trail of funds both from the source to the investor, and from the investor to the E-2 business.

Documenting and proving the lawful source of funds for an E-2 investment for a USCIS application is often a time-consuming process and requires high attention to detail. A well-organized, extensively documented, easy-to-follow source of funds presentation is key to maximizing the chances of approval of an E-2 petition through USCIS.

Related posts:

How do you prove where the money comes from? The Source of Funds Requirement Explained for E-2 & EB5 Visas.

How do I prove the Source of my Investment Funds for the E-2 Visa?

What should you and should you not include in an E-2 petition?