E2 Visa Escrow Agreements


For many international entrepreneurs, the E-2 visa represents huge opportunity, offering a path to pursue business ventures in the United States. However, the excitement of this opportunity often comes with a side of apprehension, particularly regarding the financial risks involved if the visa application does not go as planned.

One effective strategy to mitigate these risks and protect your investment is through the use of escrow agreements. This blog post delves into how making the issuance of your E2 visa the sole condition of an escrow agreement can safeguard your financial stake in your U.S. business endeavor.

The Role of Escrow in E-2 Visa Investments

An escrow agreement acts as a financial safety net, holding your investment in a secure account until specific conditions are met — in this case, the approval of your E-2 visa. This arrangement ensures that your substantial investment is only transferred to the seller of the business or used for startup costs once the U.S. government grants your visa. If, for any reason, your visa application is unsuccessful, the funds are returned to you, minimizing your financial loss.

How Does It Work?

The process is straightforward but requires careful planning and legal guidance. Here’s a basic overview:

Escrow Agreement Creation: You and the seller agree to place the investment amount into an escrow account. The agreement specifies that the funds will only be released upon the successful issuance of your E-2 visa.

Application for the E-2 Visa: With your funds securely in escrow, you proceed with the E-2 visa application, demonstrating your commitment to the business venture.

Visa Approval: If your E-2 visa application is approved, the escrow condition is met, and the funds are released to the seller, allowing you to proceed with your venture.

Visa Denial: In the unfortunate event of a visa denial, the escrow agreement safeguards your investment, and the funds are returned to you.

Why Use an Escrow Agreement?

The benefits of using an escrow agreement for your E-2 visa investment are significant:

Risk Mitigation: It protects your investment against the uncertainty of the visa application process.

Proof of Commitment: It demonstrates to the U.S. government your serious intent and financial capability to run a business.

Peace of Mind: Knowing your investment is secure allows you to focus on preparing for business operations.

Considerations and Limitations

While escrow agreements offer a layer of financial protection, they are not suitable for every scenario and may involve additional costs or requirements. It’s crucial to consult with a qualified immigration lawyers to understand the possibilities for your specific situation.


Investing in a U.S. business as part of your E-2 visa process doesn’t have to feel like a high-stakes gamble. By leveraging the strategic use of escrow agreements, you can secure your investment against the uncertainties of the visa process. This approach provides a safety net, ensuring that your dream of running a business in the United States starts on solid ground.

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Ben Frear, Esq.

Immigration Lawyer for Entrepreneurs

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