No. Review the actual proposed commitment and terms, including potentially qualifying visa-contingent escrow.
Identify what remains conditional
Do not present intentions as completed investment or assume every condition defeats eligibility. Commercial timing and U.S. work permission require separate assessment.
The application must show funds irrevocably committed, so a purchase agreement with a clause allowing the buyer to walk away if the visa is refused, and money that returns to the buyer, is not yet an investment. The consular guidance recognizes that a purchaser may reasonably wait for the visa before closing, and it treats an escrow conditioned only on issuance as sufficient commitment because the investor has surrendered control. The usual structure is an escrow arrangement whose release is conditional only on issuance of the visa, together with spending that has already happened and could not be recovered if the business failed: a signed lease, deposits on machinery, fit-out work, inventory. An agreement that is binding but with completion conditioned on the immigration outcome, with the price in escrow, satisfies the commitment requirement while preserving a defined exit. Build the sequence into the agreement where the seller will accept it: a diligence period, an escrow releasing on defined events, or a deposit refundable on a stated condition.