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WEST VANCOUVER · E-2 FIELD GUIDE

Can capital drawn from a company the applicant owns count as their investment?

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THE DIRECT ANSWER

A documented company distribution can supply personal investment funds when the applicant lawfully receives and commits the money to the U.S. enterprise. The records should establish the original lawful source as well as the corporate authority, transfer to the applicant and onward investment. Merely identifying cash on a company's balance sheet does not establish that this proposed personal contribution has occurred.

Establish entitlement before establishing risk

Confirm first that the applicant is entitled to the payment — shareholding, employment agreement, loan account balance — and that the company has the authority and the solvency to make it. Only then does the at-risk question arise, and it is answered by what the money does next: buying assets, paying deposits, funding operations. Treaty nationality remains a separate question resting on citizenship, not on where the company happens to be incorporated or where the owner lives.

There is a further distinction worth keeping visible throughout. Money held by a company the applicant controls is the company's money until it is lawfully paid out, and control of a company is not the same as personal entitlement to its balance. That is why the entitlement question comes first and why the corporate authority documents matter as much as the bank statements.

Treaty nationality remains separate again, resting on the individual's citizenship rather than on where the company is incorporated or where the owner has lived, and it should be confirmed from a passport at the outset.