Read the general investor planning overview
A franchise agreement can explain the commercial relationship without proving treaty ownership, control or qualifying capital. Identify precisely what the applicant is buying and which entity will operate it.
Name the company and the rights acquired
Hypothetical example: an applicant buys shares in a franchise operator while the franchisor retains brand standards. Record ownership, voting rights, operating responsibility and the actual agreements. Assess how the investor will develop and direct the enterprise; neither the sign above the door nor a minority title settles control.
Trace funds and security to the actual transaction
Review substantial lawful capital committed and at risk relative to the business, without inventing a universal minimum. Personal-asset-secured and unsecured loans may qualify; debt secured by the investment enterprise’s assets does not qualify as invested capital. Identify mixed collateral and the actual borrower rather than treating every loan attached to the acquisition alike. Mixing personal collateral with enterprise assets does not make that debt qualifying investment capital.
Test the business instead of the brand’s reputation
The applicant and enterprise need qualifying treaty nationality, generally at least 50% ownership by nationals of the relevant treaty country. The enterprise must be real and operating and have capacity beyond providing a minimal living for the investor and family or make a significant economic contribution. Review the actual operation’s evidence rather than assuming a successful franchise network establishes this business’s nonmarginality. Future capacity should generally be realizable within five years after normal business activity begins.
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.