Read the general investor planning overview
A shared purchase plan should explain the actual investor and each adult’s role. Business ownership, qualifying principal eligibility and derivative spouse employment permission are related but different questions.
Read the ownership and decision rights
Hypothetical example: two adults fund an acquisition but the agreements assign voting authority differently. Identify who will develop and direct the enterprise and the actual treaty nationality of applicant and enterprise, generally including at least 50% ownership by nationals of the relevant treaty country. A household understanding should not replace the signed rights.
Trace genuine capital and business evidence
E-2 requires substantial lawful capital committed at risk relative to the enterprise, without a universal fixed minimum. Personal-asset-secured or unsecured loans may qualify; enterprise-asset-secured debt does not qualify as invested capital. The real operating enterprise must have capacity beyond a minimal living for investor and family or for a significant economic contribution. Mixing personal collateral with enterprise assets does not make that debt qualifying investment capital. Future capacity should generally be realizable within five years after normal business activity begins.
Assess each adult’s activity on its actual basis
Qualifying E spouses may be employment-authorized incident to status with appropriate documentation; an EAD is not universally required. That differs from independently establishing an E-2 principal case, and children do not receive work permission solely as dependents. Review genuine transaction conditions, including potentially qualifying visa-contingent escrow, without treating closing as employment authorization.
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.