As the E-2 treaty investor you must put your investment capital at “risk.” According to 9 FAM 402.9-6(B):
Investment Connotes Risk: The concept of investment connotes the placing of funds or other capital assets at risk, in the commercial sense, in the hope of generating a financial return. E-2 investor status must not, therefore, be extended to non-profit organizations. See 9 FAM 402.9-6(D). If the funds are not subject to partial or total loss if business fortunes reverse, then it is not an “investment” in the sense intended by INA 101(a)(15)(E)(ii).
This means that your investment capital includes your personal business capital or capital secured by personal assets. You have to show your financial ability to make the investment and you can do so by showing invoices, contracts, etc.
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