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Tracing Funds for an E-2 Visa

Tracing Funds for an E-2 Visa

An E-2 Treaty Investor Visa exists for the purpose of aiding immigrants coming to the United States with capital to invest in a business venture. The alien investor must be from one of the nations that has a trade treaty with the United States. The United States Citizenship and Immigration Services (USCIS) need to know specifically where the money came from, this is called the "lawful source" requirement. In every E-2 application, we must carefully document exactly how the funds to purchase your enterprise were obtained.

When tracing funds for an E-2 investment, authorities are looking to see that the money came to the investor legally. The investment transaction must be recorded in detail, and the source of funds must be clear, therefore tracing funds is an important and often taxing process. The undertaking is simplified if the money used in the investment was earned by the investor, but if the money was acquired as a gift, that must be documented. Money received from real estate sales must be completely traceable, even to the point of identifying the source of the funds that were used to purchase the now-sold property. Money obtained from an inheritance must be traced back to when the deceased originally obtained it.

These are some of the required documents under the Code of Federal Regulations in order to trace funds used in an investment:

  • Foreign business registration records
  • Tax returns for the last five years
  • Any and all other sources of capital
  • Certified copies of any monetary judgments over the last 15 years

This list of required documents is not exhaustive, and each E-2 Treaty Investor's case is unique. Contact us at the Law Office of Ashkan Yekrangi and allow us to guide you through this complex process. The E-2 visa process is incredibly complex and you need an experienced attorney.