No. Establish the actual investment, ownership and direction relevant to the proposed principal case.
Read the rights and transactions
Shared planning does not resolve contradictory purchase or voting documents. Identify each person’s real role and the evidence supporting it.
Identify the investor's real decision-making authority within the business structure and confirm that the enterprise itself meets the substantiality and non-marginality requirements. Create an eligibility table covering treaty nationality of investor and enterprise, ownership or control, lawful funding, irrevocable commitment, operations, and nonmarginality. Assess the investor’s actual paid or qualifying committed capital against the cost of the enterprise, rather than counting the equipment’s entire value or all future rent as already invested. E-2 requires treaty nationality for the applicant and qualifying enterprise ownership, an irrevocably committed and substantial investment exposed to loss, a real operating business that is not marginal, and authority to develop and direct through at least 50 percent ownership or operational control. Non-marginality asks whether the enterprise has the present or future capacity to generate more than a minimal living for the investor and family, which a trading record can help show but cannot be assumed to establish.