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E2 Visa Proof of Funds: Meeting the Source of Funds Requirement

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The E2 visa is a popular option for those looking to immigrate to the United States to develop and direct an investment enterprise. However, in order to qualify for the E2, applicants must prove they have invested or are actively in the process of investing a substantial amount of capital in the enterprise. Part of proving you have invested or will invest sufficient funds involves documenting the lawful source of those funds.

E2 visa proof of funds

What Counts as an Acceptable Source of Funds?

To obtain an E2 visa, you must prove your capital investment is from a lawful source. Acceptable sources include:

  • Personal savings and assets
  • Loans from banks or other institutions
  • Funds from business partners or investors
  • Funds received through inheritance, gift, or divorce settlement
  • Profits from business operations and investments

Some common ways E2 applicants document these sources include:

  • Bank statements showing regular deposits and savings over time
  • Loan documents like promissory notes and records of receipt
  • Business formation and ownership documents if funds come from business profits or sale
  • Legal documents like wills, settlement agreements, or gift records

Funds must be able to be traced back to a legitimate source. The consular officer reviewing your petition needs to verify your capital is not from illegal activities or sources that could disqualify you from receiving a visa.

How to Document Your Source of Funds

To prove the legitimacy of your sources, you must provide documentation. Some key documents to include are:

Bank Records

  • Bank statements showing build up of funds over time
  • Certificates of deposit purchase receipts
  • Stock or bond statements if cashing out investments
  • Records of property sales and transfers

Business Records

  • Business registration and ownership documents
  • Tax returns from business operations
  • Receipts of business asset liquidation

Loan Records

  • Loan or promissory agreements
  • Wire transfer receipts showing loan funds being received

Inheritance, Gift, Settlement Records

  • Wills, probate records, and estate documentation
  • Letters documenting details of gifts
  • Court orders related to divorce settlements

Other Relevant Financial Records

  • Purchase agreements and deeds if funds come from property sale
  • Contracts related to investments and asset sales

How Much Evidence is Needed?

The amount of documentation you need depends on the amount you are investing. Typically, the higher the investment amount, the more evidence you need to sufficiently trace the funds to a lawful source.

For investments of $100,000 or less, 6-12 months of bank statements may suffice. Larger investments over $500,000 often require documentation tracing funds back 1-5 years to their origins.

Work with an experienced immigration attorney to determine the records needed for your individual case and investment amount. Being overprepared with documentation is better than having your petition denied for lack of evidence.

Additional Proof of Funds Requirements

Along with proving the legitimacy of your capital’s source, you must show:

  • You have possession and control of the funds: This is proven via records in your name and documents signed by you.
  • You have committed the funds to investment: Provide agreements, deeds, receipts, and other documents showing transfer or commitment of capital.
  • You have sufficient funds to start your enterprise: Submit projections showing operating expenses, asset purchases, employee payroll, and other costs to prove your investment is adequate.

Meeting all proof of funds requirements takes careful planning and preparation. Starting the process of gathering documents and establishing sources of capital early is key to success.

Consequences of Inadequate Proof of Funds

Failure to sufficiently prove your sources of funds and ability to invest at the required levels will result in delays or denial of your E2 petition. Outcomes may include:

  • Requests for additional evidence: The consular officer will ask you to provide more documentation, which will prolong the processing time.
  • Denial of E2 classification: If you cannot prove legitimacy and adequacy of your sources, your petition will be denied.
  • Visa application ban: Submitting false documents or intentionally hiding sources can result in a permanent ban from U.S. visa eligibility.
  • Allegations of financial crimes: Inadequate proof of funds may raise suspicions of money laundering, tax evasion, or other financial crimes that could trigger an investigation.
  • Delayed or revoked E2 status: Even if approved, inadequate funds documentation could lead to later challenges and loss of E2 status once you are in the U.S. Meticulously tracking every dollar invested and being transparent about all sources is critical for avoiding these consequences.

Work With an Immigration Attorney

E2 investors have a lot at stake, so working with an experienced immigration lawyer is highly recommended when petitioning for E2 classification. An attorney can help you:

  • Identify acceptable sources of funds based on your unique circumstances
  • Collect and prepare the appropriate documentation you will need
  • Ensure you meet investment amount requirements
  • Avoid issues or mistakes that could jeopardize your petition
  • Respond to any Requests for Evidence or challenges

With so much on the line, having a knowledgeable legal expert guide you through the process can make all the difference in successfully proving your funds and qualifying for E2 status. Contact a qualified immigration attorney today to discuss your situation and start preparing your source of funds evidence.

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Sylvain Perret

Sylvain Perret is a business professional who has been living in the United States since 2010. Along with his wife Daphnee, he has established several businesses in the country, including Integrity International Brokers, an agency based in Orlando where he works as a business broker, real estate broker, business consultant, and business plan writer. Over the years, he has helped numerous clients from around the world achieve success in their projects to create or take over a company in the United States with an E2 visa. He is highly knowledgeable about U.S. immigration issues and is the author of the book "S'expatrier aux USA grâce aux visas d'entrepreneurs", which is soon to be translated into English. Sylvain is also a Certified Business Intermediary (CBI) by the International Business Brokers Association and is regularly consulted on issues related to this field. At the age of 50, Sylvain chose to enhance his expertise in finance and strategy by pursuing a Master of Business Administration from the University of Central Florida. He successfully graduated in May 2023, adding a valuable finishing touch to his knowledge. He is active on LinkedIn and Twitter, where he shares his insights and experiences with a wider audience.

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