In recent years, Requests for Evidence (RFEs) in E-2 Treaty Investor petitions have increasingly focused on one critical issue: the lawful source and path of investment funds.

While the E-2 visa remains a flexible and powerful option for entrepreneurs and business owners, USCIS scrutiny has intensified, particularly regarding how investment capital was earned, transferred, and ultimately committed to the U.S. enterprise. Understanding this trend is essential for investors seeking approval without delay.

Why USCIS Is Scrutinizing Source of Funds More Closely

The E-2 category requires that investment funds be:

• Lawfully obtained
• Fully traceable
• Irrevocably committed
• At risk for the purpose of generating profit

USCIS is no longer satisfied with general statements that funds came from “business profits” or “personal savings.” Officers now expect documented, chronological tracing from the original source to the U.S. business account.

In many recent RFEs, adjudicators are requesting:

• Multi-year tax returns
• Corporate financial statements
• Bank statements covering the accumulation period
• Proof of salary distributions or dividend payments
• Documentation of property sales
• Detailed explanations of inter-account transfers

The review is not merely about whether the investor has funds; it is about whether the government can clearly trace those funds.

Common Triggers for E-2 RFEs

Several patterns frequently lead to additional scrutiny:

When capital moves between personal, corporate, joint, or family accounts, each transfer must be documented. Gaps in the chain often result in RFEs.

2. Gifts Without Proper Documentation

Gifted funds are permissible, but USCIS requires proof that:

1. The donor lawfully earned the money
2. The transfer was completed
3. The funds were irrevocably gifted (and not a loan in disguise)

If funds originate from a business sale, officers typically request:

1. The purchase agreement
2. Proof of payment
3. Tax filings reflecting the transaction

Large cash deposits without a clear accumulation trail often raise concerns about commingling or undocumented income.

Beyond the lawful source, USCIS also examines the path of funds — meaning the precise movement of capital from origin to final investment.

A strong E-2 petition should include:

• Proof of how the funds were earned
• Evidence of deposit into the investor’s account
• Documentation of any transfers between accounts
• Wire confirmations to the U.S. enterprise or escrow
• Proof that funds have been spent or are contractually committed

Missing even one link can result in a request for clarification.

Why RFEs Are Increasing in 2026

Several factors may explain the uptick in scrutiny:

• Increased anti-money laundering compliance standards
• Expanded internal USCIS review protocols
• Greater emphasis on fraud prevention
• Heightened review of small business investments

As adjudications become more document-driven, petitions that once may have been approved with summary explanations now require comprehensive financial tracing.

How Investors Can Avoid Delays

Preparation is critical. Before filing, investors should:

• Compile at least 3–5 years of financial documentation
• Prepare a written source-of-funds summary
• Organize bank statements chronologically
• Clearly highlight each transfer
• Provide certified translations where necessary

Clarity reduces officer confusion and minimizes the likelihood of RFEs.

 Final Thoughts

The E-2 visa remains an excellent pathway for entrepreneurs and treaty investors. However, approval increasingly depends on presenting a meticulously documented financial narrative. A well-prepared petition does not simply show that the investor has capital. It demonstrates, step by step, how the funds were lawfully earned, accumulated, transferred, and committed to the U.S. business. Given current adjudication trends, detailed tracing is no longer optional, it is essential.

If you are preparing to file an E-2 petition or responding to a source-of-funds RFE, our office can provide a tailored review of your documentation to help ensure your investment is properly structured and clearly traceable under current adjudication standards.

Disclaimer: This article provides general information and is not legal advice. Immigration laws and requirements change frequently. Consult a qualified attorney for advice tailored to your circumstances.