How can I possibly irrevocably invest a substantial sum of money into an enterprise in the U.S. if I am not sure to be granted the visa that allows me to enter and operate the business?
The regulations do make it clear that placing funds into an escrow account (a common type of third party holding account in the U.S.), will be considered satisfactory. So the way this could help is that a person could place their investment amount into an escrow account which irrevocably commits funds to a particular purpose, e.g. the purchase of office space or a store front, as long as a specific contingency is satisfied, such as being granted the E-2 visa. This provides a legal mechanism by which the investor can show that funds have been irrevocably committed, while it protects the investor’s money in case the E-2 visa is not granted, as the funds are then returned due to the failure to satisfy the contingency.
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