Quick Question: What criteria USCIS look for in a substantial investment in a E-2 visa?

For an E-2 visa, the U.S. Citizenship and Immigration Services (USCIS) evaluates substantial investment based on several criteria:

1. Amount of Investment: There isn’t a specific dollar amount that qualifies as “substantial,” but the investment must be significant enough to ensure the success of the business. Generally, the investment should be substantial relative to the cost of establishing or purchasing the business.
2. Percentage of Investment: The investment should be proportional to the total cost of the business. For a new enterprise, the investment must be sufficient to cover the startup costs. For an existing business, it should be enough to ensure the business’s operational viability.
3. Risk of Investment: The investment must be at risk of loss. This means that the funds must be committed to the business and not just sitting in a bank account. Personal assets used for the investment should be subject to the risk of losing their value if the business fails.
4. Operational Control: The investor should have control over the investment. This often means owning at least 50% of the business or having operational control through a managerial role.
5. Business Viability: The business should have a realistic prospect of generating more than a minimal income. It must be capable of supporting the investor and their family or significantly contributing to the U.S. economy.
6. Source of Funds: The funds used for the investment must be lawful and properly documented. USCIS will want to ensure that the money used is not from illicit activities.

Each case is unique, so USCIS evaluates the specific details of the investment and the business plan to determine whether the investment meets the criteria.