• Arzu Jamilova

The challenges that I encountered when applying for an E2 Visa

Updated: Apr 15, 2020

During the initial E2 Visa application process I was concerned about what will happen to my investment funds if my E-2 visa is not approved. This was one of the scariest aspects of the E2 Visa application, but I could not help it, because I knew that the E2 visa is considered for those who already have invested or is in the process of investing. Regardless of my fears and worries, it was absolutely clear to me that expenditures have to be made and funds have to be transferred before the E-2 visa application is submitted.


In order to qualify for an E2 Visa I had to open a business account for the E2 Visa treaty entity in the US, transfer the investment funds to that account and submit documents evidencing the transfer of the funds to the Consulate. However, I was refused to open a business account being outside of the US by all the banks I contacted because I had to be present in the US to qualify for opening a business account.

Even though I was committed to prepare the E2 Visa application myself, in this difficult situation I had to consult a visa attorney about the fund transfer. Talking to an attorney was complicated due to the different times in the US and Azerbaijan and took a long time.

The attorney advised that we transfer the funds through the use of an Escrow arrangement. The attorney helped us find and hire an escrow agency, drafted an escrow agreement for us and included the terms in the agreement that specified that the funds would be transferred to an escrow agent and will be released to my business account in the US after the E-2 visa has been approved. With an approved visa I was authorized to enter the United States and open a business account. In case if the visa is denied, the money would be returned to me. Even though, it was nerve-racking and delayed my application, I managed to transfer the funds to the escrow agent and had the required evidence of the transfer required for the Consulate.

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