Read the general investor planning overview
A business plan can include an operating manager or outside support while still needing a clear account of the investor’s actual rights. Assess development and direction from the genuine arrangement.
Identify decisions retained by the investor
Hypothetical example: a buyer delegates daily scheduling but retains specified business authority. Review actual ownership and management rights. Treaty nationality of applicant and enterprise matters, generally including at least 50% enterprise ownership by nationals of the relevant treaty country; a title alone does not establish direction.
Assess capital and enterprise capacity independently
E-2 requires substantial lawful capital committed at risk relative to the enterprise, with no universal fixed minimum. Personal-asset-secured or unsecured loans may qualify; enterprise-asset-secured debt does not qualify as invested capital. The real operating business 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.
Describe actual support and commitment
Distinguish current services from genuine future plans. A qualifying visa-contingent escrow may be relevant, but a delegation agreement does not establish every investment condition. Review actual permission before the investor begins U.S. activities rather than treating a manager’s start date as 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.