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APPLICATION ANSWERS · E-2 FIELD GUIDE

Do all equipment-sale proceeds count after outstanding debt is paid?

Sources checked:

THE DIRECT ANSWER

Review the actual net funds available, their source and how they are committed.

Use amounts supported by the transaction

Separate liabilities and charges from money actually invested. Confirm the treatment of any borrowing rather than counting a gross sale price as qualifying capital.

A modest price often reflects something the seller is carrying: restoration obligations in the lease, deferred equipment replacement, unpaid vendor balances, or staff entitlements. Acquiring the workboats, the mooring equipment, the shore lease and the spare inventory therefore counts, as do professional fees genuinely incurred in acquiring the business and amounts spent bringing premises into service. In practice, a business costing a modest amount needs to be almost entirely funded by the investor's own committed capital, while a much larger enterprise can be acquired with a smaller proportion because the absolute commitment is already large. E-2 requires lawful funds that are substantial in relation to the business and irrevocably at risk, alongside treaty nationality, qualifying enterprise ownership, and the investor's development and direction through majority ownership or operational control. The total cost of establishing the enterprise typically includes the initial fee, premises and build-out, equipment, opening inventory, training, and the working capital needed to trade until the business is established.