What should be in an E-2 gift letter? Can a Gift be an E-2 Investment? Can I use a Gift for an E-2 Visa?

By May 13, 2017November 5th, 2020E-2 Visa, Immigration, Investor Visas

An E-2 Visa is a visa option available for people who want to either buy or start a business in the U.S..  One of the requirements of an E-2 visa is that the investor must invest money in the U.S..  The money can come from any legitimate source and that includes a loan or a gift.

You can find out more about the full set of E-2 visa requirement by clicking here.

You can find out more about E-2 Investments from loans or gifts by clicking here.

Our E-2 visa clients often ask the question: What should be in an E-2 gift letter?  To this end, we have included some guidance below.

Date

To: Whom it may concern

My name is Name and I am the describe relationship of Investor’s name. I am giving a gift of $XXX to my relationship to develop his/her business, name of business. Provide a brief description of how you earned or got the money (eg, The gift is from personal savings earned from working or The gift is from funds I received from the sale of my property). There is no repayment expected or implied.

Sincerely,

Name & signature

 The E-2 visa regulations do not restrict who a gift can come from but the narrative should make sense.  For example, a gift from a parent or sibling makes complete sense given the inherent closeness of the relationship.  A gift though from an unrelated party or a friend where the gift does not really make sense may raise questions.  If the relationship between the applicant and the person giving the E-2 gift is not based on a close relationship, an examiner can question the legitimacy of the gift as it is not that common in life for friends to gift large sums of money (at least I do not have any friends that would do that).  This is especially the case if the friend does not have substantial resources. (eg. A friend that earns $75K per year and gifts $50K to a friend).

If an applicant is buying a business, the owner/seller of the business CANNOT be the person that gifts the money to the buyer.

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E-2 Visa Guide

We are happy to offer our E-2 visa guide that describes the E-2 visa requirements, renewal considerations and other advise to assist with your E-2 visa application. We will also send you information where you can sign up for free E-2 Webinars.   Our firm was founded on an E visa so we know what you are going through.  You can access our E-2 visa Service Page with several E-2 visa videos and articles by clicking here.

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