The E-2 Nonimmigrant Investor Visa: Proving the Source and Flow of Your Funds

Can I qualify for an E-2 visa if I have borrowed my investment funds?

Investors looking to temporarily enter and work in the United States may seek an E-2 visa.  E-2 visas are non-immigrant visas created for foreign entrepreneurs from countries that have a special treaty with the U.S.  With an E-2 visa, foreign investors can live and work in the U.S. if they make a “substantial investment” in a U.S. enterprise.  While E-2 visas can provide the legal path to entry that some foreign investors need, they can be hard to secure.  Many E-2 visa applications are denied if the investor does not adequately prove the source and/or the flow of their funds.  

Key Requirements for an E-2 Visa.

An E-2 visa will allow a foreign national investor to legally work within the U.S. in the company that is an investment vehicle.  You can stay in the U.S. on a prolonged basis, with the option to extend the visa every two years, so long as you continue to qualify.  The investor may travel in and out of the country with no restrictions.  The investor’s spouse may also work in the U.S. and children can attend school or college without the need for a separate visa.

To receive an E-2 visa, it is critical that the investor be from a country with a special treaty with the U.S.  Next, the investment must be “substantial” and sufficient to ensure the successful operation of the enterprise.  Generally, substantial will mean an investment of about $100,000.00.

With these two criteria met, the investor must then prove that he/she has control of your funds.  This will involve a showing as to the source of the funds.  Failure to prove the lawful source of funds will result in denial of the visa application.  The investment funds must be acquired from a lawful source, which could include investment earnings, personal savings, gifts, inheritance, and the like.  The source of the funds does not have to come from outside the U.S.

Some loans can qualify for an E-2 investment visa.  Loans that are secured by the investor’s own personal assets, such as a second mortgage on a home or an unsecured loan, could be included as in the E-2 investment.  However, any loan secured by the assets of the E-2 enterprise cannot be counted toward the investment.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at or by calling us at 201-670-0006 (x107). For more up-to-date immigration and nationality law information you can also visit our Law Firm’s website at