Enterprise-asset security excludes the funds, even where personal assets also secure the same debt.
Use the effective collateral record
Read all security documents rather than relying on a personal-guarantee label. Personal-only secured or unsecured borrowing may qualify under the other conditions. A planned future release should not be presented as an existing arrangement.
The regulation instead asks whether the enterprise has the present or future capacity to produce more than a minimal living for the investor and family, and it allows future capacity to be shown where it is likely to be reached within five years. The principal investor should wait for valid E-2 status before performing productive work and must still show treaty nationality, a qualifying ownership structure, substantial capital irrevocably committed at risk, a non-marginal operating enterprise, and development and direction through 50% ownership or operational control. The enterprise must be at least fifty percent owned by nationals of the treaty country, so an equal split leaves no margin, and the applicant must still be able to develop and direct the business despite the partner holding the other half. The investment must be substantial in relation to the total cost of the enterprise and irrevocably committed and at risk, so money still sitting in an account, or recoverable at the applicant's option, has not yet met the requirement however large the figure.