Identify the adjustment mechanism
Hypothetical example: a buyer agrees to purchase an operating business, but obsolete stock will be deducted from the price after closing calculations. Record the agreed method, the evidence supporting stock value and the effect on committed funds. Do not use the highest early estimate simply because it produces a larger headline investment. Read every commitment together: purchase agreement, lease, equipment order, escrow instructions, loan papers, and operating account statement. A refundable arrangement may show an intention to invest without showing the necessary exposure. A purchase conditioned solely on E-2 visa issuance may remain irrevocably committed when escrowed funds release automatically on approval; the disqualifying issue is a term that leaves the investor free to cancel or recall the funds. Preserve the signed terms rather than describing them in a summary.
Explain the business beyond the asset total
Describe customers, operating obligations, management authority and how the enterprise will function. The enterprise must have the present or future capacity to provide more than a minimal living for the investor’s family, or make a significant economic contribution, under the applicable non-marginality analysis. An inventory count alone does not address that requirement. Use a sources-and-uses schedule that separates purchase price from launch costs, reserve cash, professional costs, and personal living funds. The investment has to be substantial relative to the enterprise’s total cost, so the denominator matters as much as the amount paid. A low-cost enterprise usually calls for a higher proportional commitment. A reviewer will compare the schedule to bank transfers and invoices, not merely to a rounded investment figure in the narrative.
Trace the commitment and control
Document lawful source and path, ownership and decision rights. Explain payment conditions and any escrow arrangement on its actual terms. There is no universal minimum investment figure, and a refundable deposit does not qualify merely because it is labelled part of the purchase. The applicant’s and enterprise’s treaty nationality both require assessment. A forecast should identify the service offered, customers, pricing assumptions, owner duties, and realistic hiring stages. The non-marginality inquiry looks beyond a household’s immediate support. If the first year is lean but later growth is projected, explain the commercial basis for that growth through contracts, market research, or operating history. Do not use a generic projection that has no connection to the actual location, equipment, or capacity.
Establish treaty ownership and lawful funding
The enterprise generally must be at least 50% owned by nationals of the relevant treaty country. Trace the actual ownership chain and the lawful source and path of the investment capital. Applicant residence is not a substitute for nationality, and a bank receipt alone may not establish ownership or funding history. Ownership, nationality, and control need their own evidence trail: passports, share records, formation records, capital transfers, and agreements affecting voting rights. A business can change hands or admit an investor, but those changes must still leave the enterprise with qualifying treaty nationality. Family plans should be scheduled after the principal route is understood. An E dependent’s eligibility follows the principal’s classification and does not make an otherwise deficient investment acceptable.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.