E2 Visa – A Substantial Investment

Welcome to the Law Offices of Chris M. Ingram. We are delighted that you have joined us for Part 4 in our video presentation series on the E2 Investment visa. In this presentation we’re going to discuss making a ‘Substantial E2 Investment’. Ok – lets get started.

In our first presentation we outlined that the E2 visa requirements do not stipulate a minimum or maximum investment. So what makes an investment ‘substantial’ for E2 visa purposes?  US Immigration has a test called the ‘proportionality test’. If your investment can satisfy this test then your investment is deemed substantial.

The essence of the proportionality test is to look at the total amount it would take to fully purchase or set up your E2 business and then determine what proportion of the total amount required had been invested at the time of filing. The test is satisfied if the investor has invested a significant proportion amount required to fully fund the business. For example, if the investor paid a $10,000 deposit on a $100,000 business and filed the case, the adjudicating officer would deny the application because the proportion invested would be just 10% and thus, would be deemed too small to pass the proportionality test.

Ideally, if the total investment is around $100,000 then the investor really ought to invest the full $100,000. If the total investment is $500,000 then the adjudicating officer will accept less than 100% being paid, but how much less they would accept they do not stipulate. Indeed, the regulations (9 FAM 41.51) do not stipulate a precise percentage amount. The best guidance we can provide is to invest as close to 100% of the total amount of the business as possible.

As previously outlined, even though there is no stipulated legal minimum investment amount for the E2 visa, conventional wisdom and experience would suggest that you should be looking to invest at least $75,000.  However, Investments of between $125,000 – $250,000 tend to more successful over the long term.

Remember, that some American Embassies in Asia and other territories may reject cases where it is deemed that the investment amount is simply too low even at $75,000 regardless as to the number of jobs that will be created. Investors from Asia should look to investing significantly higher amounts in the region of $200,000 or higher.

In the next presentation we’ll discuss how to find the right business and some of the related issues involved. Thank you for joining us and we hope you enjoyed this presentation.  

E2 Visa Success Story – Shegar was great to work with, very happy yet very business like. Shegar built up a chain of five computer stores in Canada from scratch and therefore had honed his business skills very well. America beckoned. Relocating to America was, like for many of us, an American Dream. We worked with Shegar until he found just the right business for his needs. Shegar bought several FedEx routes – this means that FedEx subcontract the deliver of some of their packages to owner operators who use FedEx branded trucks. Because FedEx is so successful there is guaranteed work for Shegar and his team all the time. Shegar has a lot to be happy about.

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Santa Monica,
California 90401
Tel: 310 496 4292

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Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

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