When most people think about the E2 visa, they picture large sums of money wired into a U.S. bank account or equipment already purchased for a business. While cash and assets are the most common ways to meet the E2 “substantial investment” requirement, they are not the only ways. In fact, certain intangible elements may also play a significant role in demonstrating the value committed to a U.S. enterprise. This becomes especially relevant when a business relies heavily on intellectual property or contract-based revenue. With the right strategy, even the value of signed contracts can be considered part of your E2 investment.
Before diving into how contracts can support an E-2 application, it is helpful to understand that U.S. immigration regulations recognize intangible property as a type of capital. Intangible property refers to non-physical assets, such as intellectual property, copyrights, patents, trademarks, and exclusive rights, that hold measurable value and can contribute to a business’s economic potential.
In many cases, the value of intangible or intellectual property can be counted as part of an E2 investment when that value can be reasonably determined. If there is no established market value for an asset like a patent or copyright, applicants may rely on the value of any publishing, licensing, manufacturing, or production contracts linked to that asset. When such contracts are not available, expert valuations may also be used to demonstrate worth.
For example, consider a company that owns the intellectual property rights to a product and has secured a contract to manufacture 100,000 units at $10 each. With a total contract value of $1,000,000, this commitment can be treated as a capital asset and may count toward the E2 investment. This same concept applies more broadly to other types of binding contracts that reflect meaningful financial commitments.
How a Contract Can Count as an E2 Investment
The E2 visa requires that you put capital at risk for the development of a U.S. business. In many cases, this involves disbursements such as rent, equipment, or payroll. However, if you have signed contracts with clients or suppliers, those contracts represent financial commitments that can be leveraged as part of your investment.
Future contracts, when structured and documented properly, can demonstrate to U.S. immigration officers that your business has already secured income streams and that you are financially committed to your venture.
Why Structure Matters
Not all contracts will automatically qualify. The key is in how they are presented and supported. Immigration officers will carefully review whether the contracts are binding, whether they involve real financial risk, and how they fit into your broader business plan.
This is why contracts need to be integrated into your E2 application strategy. They must clearly show that your business is not just an idea, but an operating entity with commitments in place that will create jobs and generate revenue.
Our Experience with This Strategy
At Visa Business Plans, we have successfully used the value of signed contracts as part of our clients’ E2 visa investments. By working closely with experienced immigration attorneys, we ensure that contracts are structured correctly and that the business plan clearly explains how these commitments form part of the overall investment.
This strategy has been particularly useful for clients in service-based industries, where contracts often represent significant financial value and long-term business stability.
Final Thoughts
Yes, signed contracts can be used as part of your E2 investment, but only when the strategy is executed carefully. The contracts must be binding, well-documented, and fully integrated into a credible business plan.
At Visa Business Plans, we specialize in creating detailed and realistic business plans that show adjudicators exactly how future contracts support the E2 investment requirement. With over 15 years of experience and a track record of successful cases, we know how to present your commitments in a way that raises your chances of approval. If you are exploring the E2 visa and want to know how contracts can play a role, contact us today to learn how we can help.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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