The person contributing substantial money does not necessarily receive the rights needed to direct the enterprise. Read the actual governance and funding terms together when evaluating an E-2 proposal involving several owners.
List the rights that govern real decisions
Hypothetical example: an investor supplies significant capital, but another owner retains vetoes over hiring and operations. Identify voting, appointment and management provisions and explain how the business will actually be directed. Do not infer control from a contribution total or an informal description as a partner. The enterprise generally needs at least 50% relevant treaty-national ownership. The applicant’s development and direction can rest on at least 50% ownership or other qualifying operational control; a co-owner’s veto must be read against the actual rights.
Trace nationality and qualifying capital
Identify the ownership chain and qualifying treaty nationality. Provide lawful source and path, actual transfers and commitment conditions. Personally secured or unsecured borrowing may qualify under applicable rules; enterprise-asset-secured debt does not count as the investor’s qualifying investment. Separate charges and future commitments from the actual capital at risk. Debt secured by enterprise assets is excluded even if personal assets also secure it.
Assess the enterprise as a whole
Review substantiality, a real nonmarginal business and the applicant’s role developing and directing it. No universal fixed E-2 minimum applies. An operating agreement and funding receipt are evidence, not work authorization. Have unresolved rights and intended U.S. activities assessed before using a commercial closing as the start of operations. Nonmarginality concerns capacity beyond a minimal living for the investor and family or a significant economic contribution; future capacity generally must be realizable within five years of normal operations. Intent to depart when E status ends remains necessary, and Canadians generally need an E visa.
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.