IN THIS GUIDE · Read the business transaction before treating its price as an immigration plan
Establish the investment and enterprise requirements
The applicant and enterprise must have the required treaty nationality, and the applicant must develop and direct the enterprise. Substantial capital must be committed at risk in a real operating business. Non-marginality means considering capacity to provide more than a minimal living for the investor and family, including the alternative of a significant economic contribution. Review enterprise nationality through the ownership records, not only the applicant's passport. A purchase price or ownership percentage in isolation cannot establish all these conditions. Development and direction can be established by at least 50% ownership or actual operational control through a managerial position or another corporate device. When relying on future capacity, it should generally be achievable within five years after normal business activity begins.
Identify the people and the decision-making rights
Start with the applicant's nationality and the proposed ownership arrangements. Read management and financing agreements alongside the ownership percentage. If a seller keeps approval rights or another investor can restrict the applicant's decisions, disclose those terms. The reviewer needs the actual arrangement, not just the name that will appear on a share certificate.
Explain the complete cost of the enterprise
Break down the purchase or startup budget into supported amounts. Identify assets, working needs and costs outside a headline price, keeping estimates distinct from completed payments. E-2 does not have one investment figure that qualifies every business. The assessment needs the specific enterprise and the relevant commitment, rather than a number borrowed from another applicant. 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.
Trace funding and review conditions together
Collect the lawful funding history and the documents governing any borrowing or escrow. Identify collateral, release conditions and the people controlling the money. Some visa-contingent arrangements can be relevant, but their terms need assessment before funds move. A label such as personal loan or escrow is not a substitute for reading the agreement.
Separate business confidence from immigration confidence
Review historical results and forecasts on their own merits, with independent commercial advice where appropriate. Ask how the business will operate and support its plans. The immigration case must address the enterprise's requirements as well as the investor's circumstances. Neither a polished forecast nor an available purchase price guarantees approval or investment success.
Verify nationality and the funding trail
An enterprise generally needs at least 50% ownership by nationals of the relevant treaty country; trace the actual ownership and confirm the applicable nationality rules. Establish the lawful source and path of the invested funds. E-2 has no universal minimum dollar amount, and its substantiality and non-marginality tests are not the EB-5 investment or ten-job thresholds. The applicant must intend to depart when E status ends.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.