Read the general investor planning overview
A historical sale can explain a source event without showing what happened to the proceeds afterward. Trace the actual funds into the present proposed investment rather than relying on the sale agreement alone.
Follow the intervening transactions
Hypothetical example: business-sale proceeds pass through accounts before a U.S. acquisition. Identify the genuine source, transfers and current commitment. E-2 requires substantial lawful capital committed at risk relative to the enterprise, without a universal fixed minimum; a historical transaction does not establish every present condition.
Review current financing and business rights
Identify actual borrowing and collateral. Personal-asset-secured or unsecured loans may qualify; enterprise-asset-secured debt does not qualify as invested capital. Assess treaty nationality of applicant and enterprise, generally at least 50% ownership by nationals of the relevant treaty country, and how the investor will develop and direct the operation. Mixing personal collateral with enterprise assets does not make that debt qualifying investment capital.
Use present operating evidence and real conditions
The enterprise must be real and operating and nonmarginal, with capacity beyond a minimal living for the investor and family or for a significant economic contribution. Update changed assumptions honestly. A qualifying visa-contingent escrow may matter, but a past investment plan or earlier commercial success does not prove the current proposal. 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.