Our potential and new clients often engage us after certain investments have already been made for the benefit of a U.S. business, seeking to use those investments as evidence of satisfying one of the key criteria for being “in the process of investment” under the E-2 visa program.
A common question we receive concerns the structure of investments, specifically whether payments for goods, equipment, or inventory from the investor’s personal bank account may qualify.
Similar to the most legal matters, the answer is: it depends on the details and circumstances. The ideal scenario is when the investor transfers funds directly to a bona fide U.S. enterprise, and all subsequent purchases are made from the company account. However, payments made from the investor’s personal account may still qualify as part of the investment if the purchased goods, equipment, or inventory are transferred to and used by the U.S. enterprise. Importantly, it is the applicant’s burden to demonstrate, with strong documentation and supporting evidence, that these expenditures are for the enterprise and not for personal use.
There are also other factors that impact the success of an E-2 visa application, many of which are closely related to the investment structure described above.
Feel free to reach out to us at regattalex.com if you have any questions related to the E-2 visa. It is always better to consult with an attorney before starting investments in a U.S. enterprise, to help minimize unnecessary risks.
