E-2 treaty investor RFE response guide

An E-2 case can stall if the ownership structure is not easy to follow. The response should identify the investor's treaty nationality, show the equity chain from the individual investor to the U.S. enterprise, and document that treaty nationals own at least fifty percent of the company or otherwise control it. If there are multiple investors, holding companies, or recent ownership changes, include a simple organizational chart and supporting corporate records. Officers should not have to reconstruct who owns the business from scattered formation documents and bank statements.

Many E-2 RFEs focus less on the amount invested than on whether the record clearly shows where the money came from and how it moved into the business. A stronger response traces the funds step by step using tax records, sale agreements, payroll evidence, savings history, loan documents, and bank transfers. If funds moved through personal and business accounts, explain each transfer so the path stays transparent. The record should also show that the capital is truly committed and subject to partial or total loss if the enterprise fails, not merely parked or promised for later use.

USCIS often wants more than a polished business plan. The response should show that the enterprise is active through leases, invoices, licenses, payroll setup, vendor agreements, client contracts, inventory purchases, or revenue records. If the business is new, explain the hiring plan and financial runway with realistic projections tied to actual expenses and market activity. The marginality analysis improves when the officer can see the business doing or imminently ready to do real commercial work rather than existing only on paper as a vehicle for the investor's residence in the United States.