E-2 Investment: Check Nationality, Ownership and Funds First

Editorial illustration: connecting nationality, business ownership and investment records before an E-2 assessment.

Before you pay a deposit on a U.S. business, separate three questions: does your nationality support an E-2 application, who will actually own and control the business, and can you explain where the investment money came from? A promising shop, franchise brochure or large bank balance cannot answer all three.

Bangladeshi and South Korean nationals can explore E-2 because both countries appear on the Department of State's treaty list. That is a starting point, not an approval decision. This guide helps entrepreneurs prepare a useful first assessment before signing contracts or moving funds. It describes current guidance checked on 21 October 2026, not a proposed new program.

1. Start with nationality, then explain where you live

Citizenship and residence belong in separate boxes. A Bangladeshi citizen living in Korea should record Bangladeshi nationality and Korean residence accurately. A Korean residence card does not by itself establish Korean nationality. Conversely, Bangladeshi nationality should not be dismissed simply because the person lives outside Bangladesh: Bangladesh is itself listed for E-2.

Prepare a short identity summary showing your current passport nationality, any additional citizenship, country of residence and the documents supporting each entry. If names differ between a passport, bank account and business record, flag that discrepancy early. Ask how to document the difference; do not silently rewrite a name on an existing record.

A couple with different nationalities should also identify the proposed principal investor and each person's business role. Marriage, ownership, investment and management are separate facts. “We will run it together” is a useful starting conversation, but it does not explain who owns the shares or who can make decisions. Have counsel assess the actual structure before choosing an application strategy.

2. Draw the ownership structure before choosing a business

The State Department's E-2 guidance links enterprise nationality to ownership: at least 50 percent must be owned by nationals of the relevant treaty country. The Foreign Affairs Manual also explains that incorporation location does not determine treaty nationality. Registering a company in the United States or Korea therefore does not settle the ownership question.

Draw a simple ownership chart using legal names and percentages. If a company owns another company, show both layers instead of stopping at the first corporate name. Put the supporting shareholder or formation document beside each connection. Mark any percentage that is only a proposed arrangement so it is not mistaken for a completed transfer.

Then describe decision-making separately: who signs contracts, approves spending, hires staff and supervises operations? USCIS recognizes ownership of at least 50 percent or operational control through a managerial position or other corporate device when assessing whether an investor develops and directs the enterprise. Have the governing documents reviewed rather than assuming a job title proves control.

For a jointly owned business, ask what happens if the owners disagree. Voting rules, bank authority and exit terms matter commercially as well as during document preparation. A diagram is a discussion aid; it does not replace legal analysis of nationality, control or the suitability of the proposed ownership arrangement.

3. Build a money trail, not just a balance statement

USCIS's entrepreneur guidance calls for a clear, legitimate path for investment capital. Organize the story from its origin to its intended business use. A balance statement shows money at one point in time; by itself it may leave unanswered how that money was earned, received or transferred.

Use a dated ledger with columns for source, account holder, transfer, recipient and supporting record. If funds came from salary savings, a business distribution, an asset sale, a gift or a loan, describe the actual circumstances and ask counsel which evidence is appropriate. These examples are preparation prompts, not a statement that every funding arrangement qualifies.

Cross-border records need particular care. Keep original currency amounts, dates, bank references and conversion records together. If money moved through several accounts, explain each step without skipping an inconvenient intermediate transfer. Separate personal funds from company funds and identify who legally owns the money before describing it as your investment.

Do not create backdated agreements to repair a missing explanation. Put the gap on a questions list and seek advice on obtaining authentic records. During an initial enquiry, share a summary rather than sending full account numbers through a public comment or group chat. Detailed financial documents should use an agreed secure channel.

4. Test the business plan against actual costs

The State Department requires a substantial investment in a real operating commercial enterprise, with more than a livelihood for the investor and family or a significant economic impact. Uncommitted or revocable money sitting in an account generally does not count as investment. A budget must therefore explain the business, not merely display an impressive total.

List the purchase or launch cost, premises, equipment, inventory, professional services and operating cash needs. Separate seller quotations from verified costs. For an existing business, ask an accountant to review the financial information and reconcile sales claims with underlying records. For a new business, explain how customers will find it and why the staffing and revenue assumptions are reasonable.

Keep immigration assessment and commercial due diligence connected but distinct. A business may look attractive to a buyer while still presenting unresolved immigration questions. Equally, a carefully prepared application does not remove the possibility of commercial loss. Do not treat a seller's “visa-ready” label as an independent legal or financial review.

Before paying, list which amounts are refundable, which depend on contract conditions and which would be lost if plans change. Ask qualified advisers to review the transaction and any proposed escrow arrangement. Do not assume that adding a visa condition automatically makes every deposit acceptable for E-2 purposes.

5. Make one preparation file everyone can follow

A useful file distinguishes confirmed facts from plans. Give each document a clear name and date, keep the original unchanged, and maintain one current summary. When an ownership percentage, budget or business address changes, update the summary and tell the responsible advisers. Old slides should not keep circulating as if they describe the current proposal.

• Identity: passport nationality, residence and any name discrepancies.
• Ownership: proposed owners, percentages, company layers and decision-making documents.
• Funds: source explanation, transfer trail and unresolved evidence gaps.
• Business: activity, location, customer assumptions, costs and operating responsibilities.
• Open decisions: contract deadlines, refundable amounts, advisers and the next review date.

This is an editorial preparation checklist, not an official embassy document list. The appropriate submission depends on the case and current consular instructions. Avoid buying a generic document package before someone has understood the proposed business and funding structure.

6. Ask precise questions before committing

For a first consultation, explain your nationality and residence, the business you are considering, the ownership plan and the money available to investigate further. Say clearly whether you have signed anything. An adviser needs to know about an approaching payment deadline before suggesting the next steps.

Ask who will assess immigration eligibility, who will review the purchase contract, and who will check the accounts. Request a written service scope and an itemized cost explanation. Clarify which work is included and which requires another professional. Keep the distinction between an assessment, an application and a government decision visible throughout the process.

Frequently asked questions

Official sources and checked date

Checked on 21 October 2026: Department of State treaty countries; E visa requirements and application guidance; USCIS E-2 Treaty Investors; USCIS entrepreneur pathways; 9 FAM 402.9. This guide concerns E-2 investment preparation; it does not announce a change in law.

Discuss your starting point with GVS

Read the GVS E-2 service overview or contact GVS with a short business and nationality summary. We can discuss preparation and service scope. This is general information, not individualized legal or investment advice; visa approval, timing and investment returns are not guaranteed.