No. The actual capital, commitment, enterprise and investor requirements must be assessed. A deposit’s label is not the complete analysis.
Read the legal effect
Identify what has been paid, what can be returned and under which conditions. Have the complete arrangement reviewed instead of equating possible loss with all E-2 requirements.
Treaty nationality, at least 50% relevant national enterprise ownership, development and direction, and substantial lawful at-risk capital remain required, with no fixed universal minimum. The category looks for capital irrevocably placed at risk in a real, active enterprise: spent on equipment, inventory, premises, licensing or staff, or tied up in signed commitments. E-2 requires treaty nationality, an enterprise with matching nationality, a substantial at-risk investment in a real operating business, non-marginality, and a position from which the investor genuinely develops and directs it. The E-2 investor must have treaty nationality, qualifying enterprise ownership, substantial funds already placed irrevocably at risk, and authority to develop and direct through fifty percent ownership or operational control. Nonmarginality then asks a narrower question about an enterprise that is already real and operating: whether it has the present or near-term capacity to produce more than a minimal living for the investor and dependants.