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BAIE-D'URFÉ · FUNDS AND COMMITMENTS

Documenting a family gift used for an E-2 business

USAvisa field guide · 3 minute read Reviewed 7 September 2026

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THE SHORT ANSWER

A gift can be part of an investment funding history, but the file still needs to explain its lawful origin, transfer and use. Keep the donor’s contribution separate from ownership rights and from any expectation of repayment. Those facts should be established before describing the money as the applicant’s committed investment. A first review produces a ledger that matches donor funds, gift terms, transfers, purchase payments and the applicant’s ownership. The decision is whether the transaction has left money irrevocably committed and at risk, rather than merely reserved or reversible. It also tests whether the intended enterprise can be more than marginal. Hypothetical example: a maker of modular hydroponic systems receives a parent’s transfer before signing a U.S. equipment contract. The applicant must choose whether to retain a cancellation right or commit the funds on terms that create actual risk.

01

Clarify whether the transfer is a gift or a loan

Hypothetical example: a Baie-D’Urfé resident receives funds from a parent for a U.S. acquisition. Ask what the parties actually agreed: repayment, ownership, control or none of those. Use the genuine terms and supporting records. Do not label a repayable arrangement a gift merely because that seems easier to explain. Obtain the signed gift instrument, donor source records and any communications that explain the terms. If repayment, a security interest or a share entitlement exists, state it accurately and assess its effect before funds move. The record that settles the characterization is the actual agreement and performance, not a label added after the transfer.

02

Follow the funds beyond the first deposit

Prepare a dated transfer history from the source to the receiving account and onward to the transaction. Identify currency conversions and intermediate accounts using actual statements. If a link cannot yet be documented, mark it for review rather than treating the final account balance as the entire source-of-funds explanation. Match every transfer date and amount to a statement, wire confirmation or closing document. A clear ledger distinguishes money that reached the applicant from money paid directly to a seller or vendor. The practical decision is whether an unresolved gap can be documented now or whether the transaction sequence should wait.

03

Assess the investment and enterprise separately

The funding history is one part of the E-2 review. The proposed commitment, qualifying nationality, ownership, direction of the enterprise, substantiality and non-marginality still need assessment. Bring the business agreement with the gift records. A well-documented transfer does not establish every other requirement or make the business commercially sound. Review the purchase or operating documents for cancellation rights, refund conditions and who bears loss if the business fails. Evidence of a funded account is not enough if the money can be recovered without meaningful exposure. Then test the business plan, revenue assumptions and staffing against the separate non-marginality question.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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