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SAINT-JOSEPH-DU-LAC · FUNDS AND COMMITMENTS

When the family gift has been promised but not transferred

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

A relative's promise to fund a U.S. business is a plan, not a committed investment. An E-2 review looks at funds actually committed and at risk, at their lawful source, and at who controls the enterprise. Before you build a timetable around the promise, write down what has moved, what is documented, and what still depends on a future decision by someone else.

01

Separate promised, transferred and irrevocably committed funds

Build three columns with dates and supporting records. A promise or a relative's account balance does not by itself show your control of funds or an at-risk commitment. If the gift proceeds, document the giver's lawful source, your rights to the funds and the actual transfer path into the investment; do not assume that every payment must first pass through a personal account. Establish whether the arrangement is a gift, loan or equity participation. For a loan, provide the borrower, security, repayment and personal-liability terms for review instead of treating the label 'unsecured' as the answer.

02

Read the control terms, not only the amount

Hypothetical example: relatives living in Saint-Joseph-du-Lac offer funds on condition that they receive shares and a veto over spending. Ownership and control are fact-specific, and E-2 requires that the investor develop and direct the enterprise, so who holds the money is a separate question from who directs the business. Have the shareholders' agreement, the board rights and any repayment terms reviewed together rather than one at a time. Changes in ownership can also affect the nationality of the enterprise, which is examined alongside the applicant's treaty nationality.

03

Keep the U.S. enterprise and its evidence in view

The enterprise must be a real operating enterprise in the United States, and E-2 classification is for a person coming to the United States to develop and direct it, so where you would live and how you would be present are questions to settle with counsel rather than to assume. Substantiality is assessed in relation to that enterprise, and the non-marginality requirement applies; no universal minimum figure replaces this analysis. Where funds would sit in escrow pending an immigration decision, the terms must be read closely, because refundable deposits are not all acceptable for this purpose. Coordinate immigration advice with transaction advice before signing or paying, and keep proposed, committed and completed payments clearly distinguished in the file.

SOURCE NOTES

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

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