Read the general investor planning overview
A business purchase may contain financing, inspection and immigration-related conditions. Review what each does to the actual investment rather than treating the signature or deposit label as the whole capital analysis.
Describe what has actually been committed
Hypothetical example: funds are placed in escrow while the parties wait for an immigration outcome. Provide the real release and refund terms for assessment. A qualifying visa-contingent escrow can matter; do not assume every conditional arrangement qualifies or that every purchase must already close before review.
Separate price, financing and qualifying capital
E-2 requires substantial lawful capital committed and at risk relative to the enterprise, with no universal fixed minimum. Trace source and path and actual security. Personal-asset-secured or unsecured debt may qualify; enterprise-asset-secured debt does not qualify as invested capital. A large purchase price does not itself show qualifying investment. Mixing personal collateral with enterprise assets does not make that debt qualifying investment capital.
Read control and operations beyond closing
Assess treaty nationality of applicant and enterprise, generally at least 50% treaty-country-national enterprise ownership, and the applicant’s ability to develop and direct it. The real operating enterprise must be nonmarginal, with capacity beyond a minimal living for the investor and family or for a significant economic contribution. A seller’s warranty does not replace those facts. 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.