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RICHELIEU · PLAN THE NEXT STEP

Explain the investment funds when transfers start from a joint account

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

A Richelieu investor may use an account shared with a spouse or another person. Identify the actual source, ownership and transaction terms instead of assuming that the account title alone establishes the entire E-2 funds record. Trace every proposed dollar from lawful source through account, contract, recipient and present loss exposure. E-2 capital must be irrevocably committed to the U.S. enterprise and at risk; it cannot remain revocable, and the enterprise may not be marginal. Hypothetical example: an investor funds a mobile hearing-aid repair business from a joint account, paying a vehicle deposit, diagnostic equipment invoice and leasehold work. The issue is whether those specific commitments, rather than the balance, establish qualifying investment and control.

01

Trace the funds without inventing ownership rights

Identify the account holders, actual origin of the funds, transfer and documents explaining their use. Hypothetical example: an account contains savings from more than one source. Keep the records connected to the amount proposed for investment rather than describing the whole balance as the applicant’s independently earned capital without support. For joint funds, retain evidence of each holder’s rights before attributing the amount to the applicant.

02

Establish commitment, risk and financing terms

The investment must be substantial, lawful, committed and at risk. Unrestricted savings are not automatically invested. Enterprise-secured debt does not qualify as capital; personal-asset-secured or unsecured borrowing can be assessed under the applicable conditions. Properly structured visa-contingent escrow also needs review of its actual terms, not a categorical assumption that any contingency fails. Read release and cancellation terms so the file distinguishes a forfeitable commitment from a recoverable reserve.

03

Retain enterprise nationality and authority

E-2 requires relevant treaty nationality, generally at least 50% relevant treaty-national enterprise ownership and development and direction through qualifying control. The enterprise must be real, operating and nonmarginal, with capacity beyond minimal family living or for significant economic contribution. Sharing an account does not itself establish those business or control conditions. Use ownership papers and signature rights to test development-and-direction authority separately from share percentage.

SOURCE NOTES

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

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