Starting a business is a dream for many people worldwide, and it’s a challenging and invigorating road in the best of cases. But if you’re a foreign migrant looking to open a business in the US, you’ll face even more challenges that others will not. Obtaining an E2 investor visa is both one of the earliest hurdles and one of the biggest. You will need to prove a lawful source of funds to gain legal acceptance to the United States. Read on to learn how you can do this so that you can begin realizing your dreams in the Land of the Free.
Understand Source of Funds for an E2 Investor Visa
An E2 investor visa is one way that foreign migrants can come to work in the US. Those looking to migrate and develop a business will invest a “substantial amount of capital” in a US-based business. They will then develop the business and work to increase its revenue and success.
This “substantial amount” will vary, but it needs to provide sufficient funds for the project to realistically succeed. You must showcase evidence that the investment will support yourself and the family members you are bringing to the US for a period of five years. Qualifying family members for migration includes your spouse and dependents (usually children).
An E2 visa is a nonimmigrant visa. The applicant needs to intend to leave the US as soon as their E2 status concludes. However, those who hold E2 visas can renew them for as long as they continue owning and operating the US business if it makes a viable amount of capital.
Source of Funds is one of the main things that an E2 visa hopeful must prove. The investor needs to prove that the money they’re investing in the business comes from lawful sources. These sources include:
- Personal savings
- Employment earnings
- Contractor income
- Investments (stocks, bonds, real estate, etc)
- Inheritance from an estate
- Loans taken out lawfully to set up the business.
Failing to prove that your investment money comes from one such legal source will result in your visa being denied.
Gather Evidence
Prospective E-2 investors should start by compiling evidence for their proof of funds before applying. This process will vary depending on what source you’re using.
Those who are investing with personal savings from wages will need to access tax returns and pay records. Getting personal returns from the past three years will show that you earned the sum that you plan to invest during this timeframe. You also may need additional documents like pay stubs or an employment letter to strengthen your case, though tax returns usually suffice.
If you’re using savings from a long-term bank account, bank statements that show accumulating funds and regular deposits may also help your application be accepted.
Those who gathered funds from inheritance will need to showcase probate and funds transfer documents. If you sold property that you inherited or had previously invested in for a high return, you also will need to show a deed that proves that you owned the property. In addition, you’ll need documents detailing the sale transaction as well as bank records that make note of the sales.
Some people will also get the money as a gift, which is a lawful source of investment funds. You will however need to show a gift letter to the courts that describes the giver’s relationship to the investor. The giver also needs to give the same information that an investor would otherwise give to prove that the financial gift was legally sourced.
Finally, you may get funding sources by taking out legal loans from a bank. If this describes your situation, get the promissory note and loan agreements. Add them to your evidence reserves with the bank transfer documents showing the loan deposit.
Choose the Right Attorney to Obtain Your E2 Investor Visa
Before making an investment to get an E2 visa, it’s important that you choose the right lawyer to help you through the process.
You’ll primarily need an attorney who specializes in US immigration. These experts will understand the ins and outs of what documents you need to prove funding sources and prove your intentions to the United States Citizen and Immigration Services (USCIS). They have experience working with representatives and communicating about complex and lengthy application-related processes.
These experts also understand the ins and outs of non-immigrant visas, funding sources, and employment-based immigration. They can apply their knowledge to get you and your family into the US as quickly and smoothly as possible.
Make sure that you choose an attorney with a lot of experience. Then, schedule a consultation to make sure that you get along and work well together. You’ll need a lawyer that you’re comfortable communicating with to gain an in-depth understanding of E-2 visa applications and subsequent proceedings.
Ask for Help
Your newfound attorney will help you navigate the process of applying for an E2 visa and proving legal funds. They’ll make sure that you’re on the qualifying list of treaty countries before you begin the application process. They’ll then investigate the specifics of E2 visas for your home nation.
After a little research, your lawyer will examine the evidence you gather to prove the source of funds. They will let you know if you’re missing anything and help you procure it if possible.
Then, they’ll undergo the process of filling out your E-2 visa application. Once all the i’s are dotted and all the t’s are crossed, they’ll help you submit it. Then, if it’s rejected, they’ll help you undergo the appeals process with a stronger case.
Get Legal Guidance Today
Now that you know how to prove source of funds and obtain an E2 investor visa, it’s time to accelerate the process of migrating to the United States. Our team of experienced immigration lawyers is committed to helping you procure and understand the evidence needed for E-2 investors to gain approval.
We’ll answer any lingering questions you have, walk you through the application process, and help you if your application is denied. Contact Boyer Law Firm today to begin the process of realizing your dreams.
