Can You Use Financed or Borrowed Money for an E-2 Visa? (2026)
Partly, yes. Borrowed money can count toward your E-2 investment, but only when the loan is NOT secured by the assets of the E-2 business itself. Personal loans, home equity, and gifts can qualify. A loan collateralized by the business you are buying generally cannot.
The rule behind it: your money must be at risk
The E-2 asks whether your own capital is on the line. If a loan is secured by your own assets, such as your house, your savings, or a personal guarantee, you genuinely stand to lose, so it counts.
If the loan is secured by the E-2 business and its assets, the lender carries the risk instead of you, and those funds do not count toward the investment. Gifted funds count when the gift is genuine and the source is lawful and documented.
What this means for the deals people actually ask about
Three situations come up again and again.
Seller financing. It is common in business purchases, and the financed portion is usually secured by the business. Plan for your down payment and personally secured funds to carry the “substantial investment” test on their own. A $150,000 down payment on a $450,000 business is evaluated as your investment, and it can be enough when it is substantial for that business.
Property down payments. Real estate alone is passive and does not qualify; an operating business built around a property is judged on the same at-risk logic.
Structure early. How a deal is papered decides what counts. That makes financing structure something we want to review before you sign, not explain after the fact; see what to look for in E-2 counsel.
Structuring a deal with financing in it?
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Frequently asked questions
Can I use a home equity loan from my country for the E-2?
Generally yes. The loan is secured by your personal asset, so the funds are at risk and can count, as long as the money trail is documented.
Does a bank loan to my new U.S. company count as my investment?
Money your company borrows against itself is not your personal at-risk capital, so it does not count as your investment. What counts is what you personally put in and stand to lose.
This article is general information from Harari Law, not legal advice, and does not create an attorney-client relationship. Immigration law and agency policy change; outcomes depend on individual facts. Prior results do not guarantee a similar outcome.