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E-2 Visa: Matter of Chung, 15 I&N Dec. 681 (Regional Commissioner 1976)


The applicant is a Korean national who has applied for a treaty investor visa on the basis of a future investment that he plans to make. However, he has not made any required investments into his proposed investment business after being granted the status and simply has funds sitting in wait after he had transferred funds to the United States as a non immigrant visitor, claiming ignorance of such requirements.


  • The applicant has not invested the appropriate amount of funds into his targeted business despite having transferred funds from his home country to the United States.

  • The applicant cites his 15 years of experience in the import/export market that qualifies him as a treaty investor.

  • The applicant has only $10,400 in his savings account that is proposed to be invested into his shoe manufacturing business.

Legal Analysis

Standard for Consideration

  • In section 101(a)(15) of the Immigration and Nationality Act: (E) An alien entitled to enter the United States … (ii) enterprise in which he is actively in the process of investing, a substantial amount of capital.

  • In the Matter of Heitland, 14 I. & N. Dec. 563 (1974), it was determined that funds deposited in an idle bank account cannot be considered part of an investment.

Standard for Denial

  • The applicant has not furnished proper proof that he has invested into his target business.

  • The applicant has an underwhelming amount of funds that are in a savings account and per Matter of Heitland, these funds represent a speculative or non committal nature of investment that disqualifies him as a treaty investor.


The court has dismissed the applicant’s appeal on the basis that he does not qualify as a treaty investor. He has not (1) provided proof of the required investments of a significant quantity and (2) has provided funds in a non committal nature that does not prove applicant’s intention to invest long term. As a result, he has been denied his appeal for a treaty investor visa.


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