E-2 Visa: Risk of Investment

May 1, 2018



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.




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.

Please reload

Related Posts
Please reload