Read the general investor planning overview
Unequal contributions can coexist with equal governance rights. A Nairn and Hyman E-2 file should explain both instead of using the amount contributed as a substitute for evidence of development and direction.
Read the rights in the entire agreement
Identify who approves budgets, hires staff and commits the enterprise. Establish the applicant’s qualifying treaty nationality and at least 50% enterprise ownership by nationals of the relevant treaty country. Then assess actual control; the biggest contribution does not automatically settle equal voting rights or retained partner authority.
Reconcile the investment at the correct level
Trace lawful source and path for the investing person or entity and distinguish actual commitments from future promises. Capital must be substantial relative to the real business cost and at risk, without a universal minimum. Enterprise-asset-secured debt is not qualifying investment. Review personal borrowing and any qualifying investment-in-process or visa-contingent escrow on their actual terms rather than categorically accepting or rejecting a label.
Test the plan the partners have really agreed to operate
The enterprise must be real and nonmarginal, with capacity beyond minimal household living or the applicable significant economic contribution; future capacity generally should be realizable within five years. E-2 has no ten-job quota. Check that forecasts reflect decision rights and working capital. The investor must intend to depart when E status ends, and Canadians generally require an E visa before relying on this route for US work.
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.