Qualifications Of A Treaty Investor
To qualify as a treaty investor, you must be a citizen of a nation with a commerce and navigation treaty with the United States. You should also demonstrate the intent to grow and direct the U.S. enterprise. You can show this by having at least 50% ownership or a managerial position in the entity. Additionally, you must meet the following requirements.
Invest A Substantial Amount
Substantial investment indicates that you must allocate considerable capital to a U.S. enterprise. While the government does not specify a fixed dollar amount, the investment must be significant relative to the total cost of purchasing or establishing the business.
Demonstrating substantial investment is a critical requirement for obtaining a Treaty Investor Visa. Doing so assures U.S. immigration authorities that you are committed to the enterprise’s success and will actively contribute to the country’s economy.
The investment capital must be enough to ensure the company’s successful operation. It must be “at risk,” meaning that the investor will lose the capital if the business does not succeed.
Can Prove The Legitimacy Of Funds
To demonstrate legitimacy, you must explain the source of the investment capital. This requirement is crucial for the government to ensure that the funds do not originate from money laundering schemes and criminal financial activities.
Demonstrating the legitimacy of your funds is a critical requirement in the application process. The question is, how do you do this?
How To Prove Up Your Investment Fund
To qualify for an E-2 Visa, the investor must demonstrate possession and control over the invested capital. Proving up the investment funds necessitates providing documentary evidence, with the specific requirements varying based on the origin of the capital.
Funds can come from various sources, and there are different ways to substantiate their source. Here are some of them.
Personal Savings
Many investors fund their E-2 investments through legally earned savings. Typically, USCIS requests personal tax returns from the past three years to confirm sufficient earnings to cover the investment. In certain instances, the examiner may request additional evidence to verify the source of income stated in the tax returns.
Gift & Inheritance
You need to provide a gift letter detailing the gift and the donor’s relationship to you. The giver must furnish the same information as you would if the funds were theirs. As for the inheritance, you must show probate documents or evidence of fund transfer.
Loans
If the loan originates from a bank or similar institution, you must submit documents such as the promissory note, loan agreements, and bank transfer records. If you borrow it from an individual, there must also be a document proving the source of the funds.
Once the source is determined, the person providing the loan must furnish the information required of an investor if the funds were their own. Additionally, you must provide documentation of bank statements showing the loan transfer from the third party to the business bank account.
Business Profits
If investment funds originate from business profits, you must submit corporate financial documents such as audited financial statements or corporate tax returns. These papers are necessary to validate the business’s legitimacy and profitability.
The core requirement for the source of funds is gathering enough documentary evidence to illustrate how and from whom you acquire the funds. You must also establish a transparent paper trail tracing the money’s origin to your U.S. bank account.
After understanding how to prove your investment, you might wonder whether you have adequate funds. Read on to learn how to determine what substantial investment is.
Determining The Right Investment Amount
If you are having difficulty figuring out what “substantial investment” means in business immigration, you are not alone. Many have puzzled over this qualification for a treaty investor since the law doesn’t prescribe any specific dollar amount.
Substantial investment is more than just throwing cash at a business in the United States. It is more nuanced than that. Some determining factors can help you show evidence of a significant investment amount to the state. The following breaks down the key factors.
Amount Of Money
No set dollar figure defines a substantial investment, but it should be hefty enough to fund the business entirely. For example, suppose you’re opening a coffee shop. Then, a $100,000 investment might be substantial, considering the cost of leasing space, buying equipment, and stocking up on supplies. It’s about having enough skin in the game to show you are in it for the long haul.
Proportionality Test
The investment should be significant compared to the total cost of purchasing or establishing the business. This is known as the proportionality test. If the company’s total cost is $200,000, and you invest $150,000, that’s substantial because it represents a significant portion of the business value. This scenario dismisses the doubts about whether your investment is comparable to the price of the business or a major share of it.
By meticulously demonstrating these measures, you can effectively establish the substantiality of your investment and strengthen your application. Ultimately, you will reap the inviting rewards of investing.
Lozano Law Firm - Abogados de Inmigración
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
https://abogadolozano.com
