A quoted business price is the beginning of a funding review. Identify what the sale includes and what remains to be paid before treating that figure as the financial basis of an E-2 plan.
Inventory what changes hands
Separate equipment, stock, contracts and goodwill in the transaction description. Identify any liabilities or excluded assets that affect operations. Ask the seller or transaction adviser to explain unclear items; the immigration reviewer should receive the real agreement rather than a simplified advertisement.
Track restrictions on money and control
Bring financing and escrow documents with the purchase terms. Flag collateral, refund provisions and rights retained by other parties. The commitment and the applicant's ability to direct the enterprise need assessment from the entire arrangement, not the labels attached to an account or an ownership percentage. Establish the applicant’s treaty nationality and enterprise nationality, generally at least 50% treaty-country ownership. The investor must develop and direct through at least 50% ownership or actual operational control. Capital must be lawfully sourced, substantial and committed at risk in a real nonmarginal enterprise; no universal minimum price applies. The nonmarginality test concerns capacity beyond a minimal living for the investor and family or a significant economic contribution. Projected capacity should generally be realized within five years of beginning normal business activity. Borrowing secured only by personal assets, or unsecured personal borrowing, may qualify under the other investment conditions; debt secured by enterprise assets is excluded even when personal assets also secure it. E-2 also requires intent to depart when that status ends.
Leave room for commercial diligence
Check operating assumptions separately from immigration eligibility. A business may meet the buyer's commercial goals yet create unresolved immigration issues, or the reverse. Keep professional fees and household reserves visible without assuming every dollar is qualifying investment capital.
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.