An E-2 acquisition should be assessed using the business that the buyer will actually own and operate. Missing financial records can affect both due diligence and the immigration plan. A seller’s confidence or asking price does not establish nonmarginality, qualifying commitment or approval. Hypothetical example: a treaty-national buyer proposes to acquire a boat-upholstery shop using a refundable deposit and equipment financed against the enterprise. The decision is whether qualifying funds are irrevocably committed and at risk, substantial relative to this business, and paired with real operations, treaty ownership, nonmarginality, and the investor’s direction of the enterprise.
Request records tied to the question
Hypothetical example: a Cape Breton Regional Municipality buyer receives incomplete revenue and expense records for a proposed U.S. acquisition. Identify the revenue, expenses, staffing or obligations that remain unclear and ask for relevant support. Bank deposits may include transfers rather than income. Explain what the available records prove and what they leave unresolved. L-1B needs a qualifying relationship, one continuous qualifying year abroad within three years before filing, and special or advanced knowledge used in the assignment; its cap is five years. Build an evidence index with issue, issuer, date, and remaining gap. Preserve complete authentic records and revise the analysis after any material fact changes. Commercial urgency does not amend the condition.
Complete the investment and ownership evidence
Trace lawful source and path and confirm that the funds are irrevocably committed and at risk in an amount substantial relative to the business. Establish the investor’s treaty-country nationality and the enterprise’s qualifying treaty ownership; Canada qualifies. The applicant must develop and direct a real, operating, non-marginal enterprise, ordinarily through at least 50% ownership or operational control. Reliable seller accounts do not replace these requirements. L-1B needs a qualifying relationship, one continuous qualifying year abroad within three years before filing, and special or advanced knowledge used in the assignment; its cap is five years. Build an evidence index with issue, issuer, date, and remaining gap. Preserve complete authentic records and revise the analysis after any material fact changes. Commercial urgency does not amend the condition.
Assess the plan before consequential commitments
Use reasonable projections supported by evidence and apply the actual nonmarginality standard. E-2 has no universal minimum price or ten-job requirement. Closing first does not guarantee that missing records will later appear or that the buyer may immediately perform US work. Canada is an E-2 treaty country, but the investor and enterprise must have qualifying treaty nationality. Funds must be irrevocably committed and at risk, substantial relative to the business, and placed in a real operating non-marginal enterprise that the investor develops and directs through ordinarily at least 50% ownership or operational control. E-2 provides no direct path to permanent residence. L-1B needs a qualifying relationship, one continuous qualifying year abroad within three years before filing, and special or advanced knowledge used in the assignment; its cap is five years. Build an evidence index with issue, issuer, date, and remaining gap. Preserve complete authentic records and revise the analysis after any material fact changes. Commercial urgency does not amend the condition.
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.