One of the most common reasons for E-2 visa denial is a finding that the investment funds are not irrevocably committed but we’ve successfully helped many clients in this exact situation secure approvals. This issue arises when consular officers determine that the funds are still sitting in a personal bank account or haven’t yet been fully spent or contractually obligated for business use. If your E-2 visa was denied because the funds were not considered “at risk,” it likely means the officer didn’t see sufficient proof that you had taken concrete steps to actually build or activate the business. We’ve guided numerous applicants through this by helping them demonstrate that their investment is fully committed and meets the strict E-2 visa requirements.
Applicants often ask, “What does irrevocably committed mean for the E2 visa?” It means that you must show the money is already committed to the success of the enterprise. The funds cannot simply be promised or held in escrow pending visa approval. Bank statements alone are not enough. You must show a detailed breakdown of where the money went and how it supports the business launch.
We also hear this concern: “Can I apply for an E2 visa before spending the money?” Technically, yes but only if you can prove the funds are contractually bound to be spent and are at risk of loss. A simple wire transfer to a business account without proof of disbursement is unlikely to be sufficient. If your E2 visa was denied because the money was still in your account, it’s likely because the officer didn’t see enough evidence of action and business readiness.
To strengthen a future application, it’s important to understand how to show E2 funds are committed. You’ll need to submit proof of investment. If your E2 visa was refused due to lack of proof of committed funds, we can work with you to correct these issues and prepare a new, stronger filing.
If you’re confused about the difference between source of funds vs committed funds for the E2 visa, here’s the key: the source of funds explains where your money came from and proves it was earned legally. The committed funds requirement shows how you’ve already used those funds to launch the business. Both are essential, but meeting one without the other will not get your visa approved.
If your E2 visa was denied because your investment wasn’t fully committed, you’re not alone and we can help. We’ve guided clients through restructured investments, documented proper fund usage, and won approvals after initial denials. Call our office at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. Let’s get your E2 case back on track.