An E2 visa allows foreign investors to immigrate to the United States to develop and direct a business in which they have invested a substantial amount of capital. The E2 visa has specific requirements regarding the amount of money to be invested to qualify, but there is no set percentage of personal funds that must go specifically toward the business. Still, investing adequate funds is critical for E2 visa approval. This article will examine E2 visa investment requirements and provide guidance on determining an appropriate investment percentage for the best chance of success.

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law.Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today. 

Minimum Investment Requirements 

The E2 visa program requires a substantial investment to be eligible. While substantial is not precisely defined, a California immigration attorney can advise generally on what a minimum investment amount would be. The investment can be higher or lower depending on the nature of the business. A California immigration attorney can help determine what qualifies as a substantial investment based on the specifics of each case.

The Source of Funds Matters

An important requirement is that the funds invested must be “at risk” in the commercial enterprise. This means the investor has put their own money or assets acquired through legal means at risk in the business. Funds that are secured by the assets of the business cannot count. All investment funds must be traceable to the investor as well. A California immigration attorney can ensure funds are properly sourced.

What Percentage of Your Net Worth to Invest

No fixed percentage of net worth or assets must be invested in the E2 business. However, putting more of your available funds increases the chances for approval. As a general guideline based on many approved E2 applications, investing at least 50% of your net assets provides strong evidence of a substantial commitment. Investing 75-100% percent is ideal if possible. Some key factors a California immigration attorney considers:

• Total funds available to investor  

• Percentage of total assets invested

• Amount invested relative to industry norms 

• Job creation potential of the investment 

Ultimately, you want to invest enough money to show both substantial capital committed and that you can successfully develop and direct the enterprise.

Key Factors in Determining E2 Investment Percentage

These are some of the essential points a California immigration attorney evaluates to advise clients on an adequate E2 visa investment amount:

Level of Funds Required for the Business 

The type of enterprise and amount of capital realistically needed to operate successfully based on business plans and financial projections. Investing too little increases the risk of failure.

Percentage of Investors Total Assets  

The higher the percentage invested compared to what the investor has available, the more it shows a substantial commitment.

Job Creation Potential

The more jobs created per amount invested, the less capital may be required. 

Meeting Industry Norms

Investment amounts aligned with average capitalization norms for that industry indicate a substantial investment more easily. A California immigration attorney can research industry averages. 

Documenting the Legality of Funds

Properly documenting that all invested funds were obtained legally is mandatory. A California immigration attorney will ensure funds are traced to legal origins.

By evaluating these and other factors, an experienced California immigration attorney can advise E2 visa applicants on investing adequate funds to meet requirements while balancing personal financial constraints.

Planning Your Investment Amount 

Determining how much to invest for an E2 visa can be challenging. In addition to the above factors, personal financial considerations will play a role as well. Balancing the need to invest substantial funds with limiting personal financial exposure involves calculations like:

• Total cash and assets available for investment

• Income and revenue projections for the business  

• Cost projections like real estate, inventory, salaries, and other expenses

• Personal living expenses for being in the U.S.

• Potential losses factored in 

A California immigration attorney can provide invaluable guidance not just on qualifying for E2 visa approval, but also on best positioning your investment and finances for success.

Complying With Requirements After Approval  

Receiving an E2 visa approval requires maintaining your investment to continue eligibility. Failing to invest the promised amount or removing funds prematurely could lead to visa revocation. Work with a qualified California immigration attorney to ensure full compliance even after approval.

Key steps for remaining compliant include:

Fully Investing Required Amounts 

Do not attempt to invest less than promised in the application or reduce the investment too quickly. Maintain at least the minimum amount for approval unless advised otherwise.

Carefully Tracking Funds

Meticulously document the sources of invested funds and account for any money removed from the business through profits, loans, or other means. Records will be required during renewal.

Seeking Input on Changes  

Consult with a California immigration attorney before substantially changing the business or removing large amounts of money to avoid eligibility issues. Make adjustments gradually based on continued viability.

Renewing promptly

Begin the E2 renewal process with a California immigration attorney’s guidance at least 90 days before visa expiration for smooth continued operations. Keep records up-to-date to facilitate this.

An Experienced California Immigration Attorney Understands E2 Requirements

Investing in an E2 business and moving to the U.S. is a major decision. Working with a qualified California immigration attorney is highly recommended when pursuing an E2 visa to navigate the complex application process successfully.

Seeking input in planning your investment amount is particularly critical to gain approval while not overextending your finances. An attorney experienced in E2 visas can evaluate your situation and provide professional guidance on meeting requirements. They stay up-to-date on all changing regulations as well.

Thorough documentation showing the lawful source of invested funds is also mandatory. A California immigration attorney will ensure all statements and records proving investment amounts comply with expectations and standards. This avoids the problems many run into by trying to cut corners with questionable investments. 

Start your E2 visa application by contacting a qualified California immigration attorney for a consultation today. Learn exactly what it takes to obtain approval while safeguarding your financial future.

FAQ About E2 Visa Investment Funds

1. Does The E2 Visa Require A Minimum Investment Amount?

While there is no fixed minimum dollar amount, most successful E2 applicants invest $100K to $200K or more depending on the business. Investing less can be possible with the right justification. Check with a California immigration attorney to determine if your investment may qualify.

2. Can I Borrow Money From Friends Or Family For The Investment? 

Yes, you can use borrowed money if it is secured properly and puts your assets at risk if the business fails. All sources of funds must be documented fully as legally obtained.

3. Can I Finance Part Of The Investment Amount?

Financing a portion of the E2 investment from a bank or other institutions can be possible. However, terms requiring collateral or security solely from the business’s assets may not qualify. Consult a California immigration attorney on using financing.

4. What If My Assets Are Mostly Illiquid Like Real Estate? 

You may need to liquidate some assets to have adequate cash to invest. If unable to fully liquidate, a San Diego E2 Visa attorney can help document assets and net worth for the investment, but more cash is better.

5. How Much Of The Investment Has To Be Cash Vs. Other Assets?

While there is no fixed requirement, most investments should be cash. Contributions of equipment, inventory, and other items are possible supplements but typically won’t qualify on their own. Check with an attorney on alternate forms of investment. 

Selecting an Immigration Attorney in San Diego, California 

We’re an award-winning San Diego, California law firm with 50+ years of experience in immigration law.Talk to an immigration attorney at Feldman Feldman & Associates PC  by calling 1-619-299-9600 today.