Read the general investor planning overview
Hypothetical example: a Prince Edward County couple who run a small wine-retail business agree to buy a US bottle shop and place the purchase price in escrow, to be released when the visa is issued. A properly drafted visa-contingent escrow can both protect the funds pending the decision and demonstrate commitment. Whether an escrow works depends on its binding terms—especially whether visa issuance is the sole condition for release—so those terms have to be drafted with the requirement in mind rather than repaired afterwards. Hypothetical example: a kayak-rental buyer places funds in escrow but the agreement permits withdrawal whenever financing changes. The buyer must decide whether to renegotiate the escrow terms, commit other capital, or delay the application; a bank balance is not the answer. Make a ledger of every payment, its recipient, its commercial purpose, and whether it can be recovered. That ledger lets the parties test the risk requirement before the agreement is signed rather than explaining an unsuitable arrangement afterwards.
Understand the requirement the escrow has to satisfy
The investment must be irrevocably committed to the enterprise and genuinely at risk of partial or total loss. A binding purchase conditioned solely on E-2 visa issuance can still qualify when assets are held in escrow for release once that condition is met. This structure can protect the buyer if the visa is refused without reducing the arrangement to mere intent. The workable version depends on the precise drafting, the seller’s willingness and the facts of the transaction, so it belongs with the transaction lawyer before signature. The decision is not simply whether to use escrow, but which party bears loss under each outcome. Have the transaction documents identify a genuine business commitment rather than an option held entirely by the buyer.
Distinguish price from committed capital
A purchase price is a number in an agreement. Committed capital is what has actually left the buyer's control and cannot be recovered at will. In a small acquisition the two diverge constantly: a deposit paid and forfeitable, a non-refundable fee for a franchise or licence transfer, professional costs incurred, inventory bought, a lease assigned with a personal guarantee. Build a schedule of every payment with its date, its recipient and whether it is recoverable, because that schedule, not the agreement's face value, is what an officer weighs against the total cost of acquiring a viable business of that type. Hypothetical example: a print-shop purchaser has paid a non-refundable deposit, ordered inventory, and kept the remaining price in a personal account. Decide which amounts are truly committed before using the purchase price as the investment figure.
Do not create a business that exists only on paper
The enterprise must be real, active and operating, and must not be marginal, meaning it must have the capacity to generate more than a minimal living for the investor and family within a reasonable period. A retail business bought as a shell, with no inventory ordered, no staff and no opening date, satisfies neither. The buyers should be able to show the operating reality: supplier arrangements, staff to be retained or hired, licences applied for, and a plan whose numbers come from the business's own records rather than from an industry template. Ownership of at least half by treaty nationals and actual control of the operation complete the picture. Test operating claims against invoices, staffing plans, lease terms, and source-backed revenue assumptions. The reader must decide whether the business can meet the non-marginality requirement without inventing sales or staffing.
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.