A funding pre-approval, a signed term sheet, and a completed purchase agreement can represent very different stages of the same transaction. Map the specific commitments and conditions in the actual documents before deciding what they establish for an E-2 filing, keeping the enterprise, the investor's nationality and control, and the funding all under review together.
Identify what happens if a condition fails
Hypothetical example: a Winnipeg-based buyer's purchase agreement is conditioned on both a financing approval and an immigration outcome. Read each trigger for payment, release, and cancellation individually. An escrow structure can be relevant to the analysis, but its label does not by itself establish that the arrangement meets the applicable standard.
Trace the funds and identify any security
Show where the invested funds originate and how they would move to the enterprise. For any loan, identify the borrower and any collateral, since personal unsecured borrowing and borrowing secured by the enterprise's own assets are treated differently. Distinguish a proposed drawdown from money that has actually changed hands. Mixing personal collateral with enterprise assets does not make that debt qualifying investment capital.
Explain the business beyond its price
Describe what the enterprise will actually sell or provide, who will provide it, and how the applicant will develop and direct daily operations. Substantiality is measured against the specific business, and the separate non-marginality requirement still applies; a supported projection is useful, but it does not replace evidence of the enterprise's actual or planned operations.
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.