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

May 7, 2018



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.





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