A funding balance sitting in an account, a signed loan approval and an executed purchase agreement describe three different stages of the same transaction, and only one may match what the E-2 evidence actually needs to show. Map the real commitment and its conditions carefully before drawing conclusions about eligibility, and review nationality, control and the operating business alongside the funding itself. Hypothetical example: A specialty-lamp restoration business can buy inventory immediately, but its premises agreement remains conditional. The concrete decision is whether the transaction terms put the investor's funds into a qualifying commercial risk position while still protecting against an immigration refusal in the way the rules permit. Draw a timeline from lawful source to funds committed, identify every person with control, and attach the agreement governing each release. A transaction has to satisfy nationality, control, substantiality, and non-marginality as well as the funding question.
Ask what happens if a condition is not met
Hypothetical example: a Hamilton buyer's purchase agreement is contingent on both a financing approval and a visa outcome. Read every trigger for payment, release and cancellation in the actual documents. An arrangement labelled escrow is not automatically a qualifying one; the specific terms decide that, so coordinate transaction and immigration review before any funds become irreversible. Read the contract in chronological order and mark what happens on financing failure, immigration refusal, seller default, and closing. The decisive record is the executed agreement and its escrow instruction, not a broker's description. Decide whether a condition is acceptable before a deposit becomes difficult to reverse or too easily reversible.
Trace the source of funds and identify any security interest
Show exactly where the invested money originated and the path it took to reach the enterprise. For borrowed funds, identify the actual borrower and any collateral pledged, since unsecured personal borrowing and enterprise-asset-secured borrowing are treated differently. Mark a promised future drawdown as distinct from a transfer that has already occurred. For every source amount, record origin, date, account, currency conversion, and transfer. Add the loan agreement and collateral record where borrowing is involved. Decide whether a gap can be documented with an original record before relying on an explanation prepared after the fact.
Describe the enterprise itself, not just its price tag
Explain what the business will actually sell, who will provide it, and how the applicant will personally develop and direct daily operations. Substantiality is judged relative to this specific business, and the non-marginality requirement is a separate question from the size of the investment. A supported forecast can help explain a proposal, but it does not guarantee that the business will succeed commercially. Test the business plan against premises, suppliers, permits, working capital, staffing, and actual customer assumptions. The decision is whether the enterprise can operate and develop beyond support for the investor's household. A purchase price may be substantial yet still leave a marginal or impractical enterprise.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.