To qualify for an E-2 visa, the investor must show that the funds are lawfully obtained and fully committed to a U.S. business. The U.S. Department of State’s Foreign Affairs Manual (9 FAM 402.9-6) confirms that both gifts and personal loans can meet this requirement if properly documented.
Family gifts are acceptable when they are unconditional. The gifted money must belong to the investor with no expectation of repayment. A notarized gift letter should clearly state the amount and the relationship between the donor and the investor, and confirm that the gift is not a loan. The investor must show how the funds moved from the donor to their account and then into the business.
Loans must not be secured by the assets of the E-2 enterprise. According to the Foreign Affairs Manual, loans backed by personal property such as a home or bank account are generally acceptable. However, any loan tied to the business itself will not qualify. The investor must provide the loan agreement, repayment terms, proof of the lender’s ability to fund the loan, and clear evidence of the money transfer.
One of the most common E-2 visa business challenges is the failure to prove the legitimacy or control of investment funds. U.S. consular officers often deny cases when documentation is incomplete or unclear.
To avoid common E-2 investor failure strategies, maintain a clear paper trail, ensure all documents are signed and dated, and consult with an immigration attorney. Funds from family members can help meet the E-2 requirement, but only if the source and transfer are transparent and well supported.