Read the general investor planning overview
Seller support and buyer control should be described through the actual transaction terms. Assess how the investor will develop and direct the enterprise without drawing a universal conclusion from the seller remaining involved.
Mark decisions the seller can still make
Read the transition agreement beside the share and voting documents. For each retained approval, identify its subject, duration and effect on the buyer’s ability to develop and direct the U.S. enterprise. A seller remaining as a trainer is different from retaining the business decisions the buyer expects to make. Confirm qualifying treaty nationality for the applicant and enterprise, generally at least 50% ownership by nationals of the relevant treaty country; a familiar seller or brand does not establish that nationality.
Separate the acquisition price from training and financing terms
Create a payment register from the actual agreements and lawful source-and-transfer records. Mark purchase capital, seller training charges and money not yet committed rather than assuming the invoice total is qualifying investment. E-2 requires substantial capital sufficiently committed and at risk relative to the business, with no universal fixed minimum. Read every security schedule: debt secured by enterprise assets is excluded even where personal collateral is added. Borrowing secured only by personal assets, or unsecured borrowing, may qualify on its real terms. If funds are in visa-contingent escrow, have the actual release and return conditions assessed; not every conditional deposit qualifies.
Test the operation when transition support ends
Identify which services, customer responsibilities and operating resources will remain with the buyer after the seller’s departure. Use that account to support a real operating enterprise with capacity beyond a minimal living for the investor and family or to make a significant economic contribution. Where the case relies on future capacity, it should generally be achievable within five years of beginning normal business. Distinguish secured resources from forecasts and check whether the transition plan changes either. Closing and the end of seller training are commercial events, not authorization for the investor to start U.S. work.
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.