Read the general investor planning overview
A purchase agreement can change control in stages. For a Markstay-Warren E-2 proposal, identify the rights effective at each stage and connect them to the capital actually committed. The final intended ownership arrangement should not be presented as already operative.
List the decisions the buyer can make now
Read management, voting and retained seller rights together. The investor needs qualifying treaty nationality and the ability to develop and direct the enterprise; at least 50% of the business must have the relevant treaty-country national ownership. A majority interest is useful evidence, but unresolved vetoes over actual operations deserve explanation. Do not infer control only from whose name appears first in the contract.
Reconcile the investment with the payment conditions
Trace lawful source and path and distinguish qualifying funds committed at risk from a promise to pay later. Substantiality is proportional to the cost of the actual enterprise, with no universal minimum. Review security and refund conditions; qualifying investment-in-process or escrow can be relevant, so an unfinished transaction is not automatically disqualified. The signed terms and genuine exposure matter more than calling a payment a deposit or an instalment.
Connect the agreement to a viable temporary undertaking
Show a real, nonmarginal business with capacity beyond minimal household living or the applicable significant economic contribution; future capacity generally should be achievable within five years of normal activity. E-2 has no ten-job quota. Explain working capital and supportable operations after closing, as well as intent to depart when E status ends. Canadian citizens generally need an E visa. Neither a control amendment nor a capital transfer authorizes US work before the required permission.
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: 2026-09-08. General preparation guidance, not an individual assessment.