The General Meaning of a “Substantial” E-2 Investment


Your investment of capital must be a “substantial amount,” which means that your investment must be more than a small amount of capital. Your investment will not be enough to just make a living. According to 9 FAM 402.9-6(D):

The purpose of the requirement is to ensure to a reasonable extent that the business invested in is not speculative but is, or soon will be, a successful enterprise. The rules regarding the amount of funds committed to the commercial enterprise and the character of the funds, primarily personal or loans based on personal collateral, are intended to weed out risky undertakings and ensure that the investor is unquestionably committed to the success of the business. Consequently, you must view the proportionate amount of funds invested, as evidenced by the proportionality test, in light of the nature of the business and the projected success of the business.

Immigration officers will use the “proportionality test” when evaluating whether your investment was substantial or not.

---------------------------------------------

No Attorney-Client Relationship Created by Use of this Website: Neither your receipt of information from this website, nor your use of this website to contact Santamaria Law Firm, PC or one of its lawyers creates an attorney-client relationship between you and the Firm.

No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.

#E2visa #treatyinvestor #investtotheus #startupvisa

12 views
​NEW CASE/CONSULTATION:

info@usimmigrationplan.com

+ 1 (415) 745 - 3650

100 Pine Street, Suite 1250

San Francisco, CA 94111, USA

PRACTICE AREAS

Non Immigrant Visa

H-1B Visa

L-1 Visa

E Visa

R-1 Visa

​O-1 Visa

​P Visa

​B1/B2 Visa

Employment Based Immigrant Visa

EB-1: Priority Workers

EB-2: Advanced Degree or NIW

EB-3: Skilled/Unskilled Workers

EB-4: Religious Workers & Special Immigrants

EB-5: Investor Visa

Deportation/Removal Proceedings

Immigration Court Defense

Waivers of Unlawful Presence Bar

Motion to Reopen/Reconsider

Family Petition

Fiancée Visa

Marriage Visas

​Adjustment of Status through Marriage

Petition for Family Members

Petition for Adopted Child

Humanitarian

Asylum & Refugee

​Temporary Protected Status

​VAWA

U Visa

T Visa

​And Others

Santamaria Law Firm