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APPLICATION ANSWERS · E-2 FIELD GUIDE

Should we pay a higher price because the seller says the visa will be easier for a Cape Breton Regional Municipality applicant?

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THE DIRECT ANSWER

A seller cannot guarantee immigration eligibility or approval by setting a price. Assess the commercial value and the actual E-2 requirements separately. There is no universal purchase amount that cures missing business evidence, nationality or control. Obtain independent transaction and immigration advice before relying on that claim.

Keep value and eligibility distinct

Review what assets, earnings and obligations support the price and what evidence supports the immigration case. Itemize professional, government and operating costs. Spending more on the same unsupported proposition does not necessarily improve either the investment or the application.

E-2 sets no capital threshold that a higher price can satisfy. The test is proportional — funds irrevocably committed and at risk, measured against the total cost of buying or establishing this particular enterprise — so raising the price raises the denominator as well as the numerator, and overpaying can leave the proportion unchanged while real money is gone. Money cannot buy the remaining elements either. Nationality, for the investor and for the enterprise, comes from citizenship and ownership records. The business has to be genuinely operating and capable of more than a minimal living for the investor's household. The investor has to develop and direct it. Budget the categories apart from one another: purchase price, the working capital the business genuinely needs, government and consular charges (read those from the current official fee schedules rather than a figure quoted in a listing), legal and accounting fees, and records retrieval.

Hypothetical example: A rope-access inspector is offered an American structural-inspection firm at a premium the seller describes as the immigration price. Priced against the equipment, certifications and contracts that actually transfer, the gap turns out to be roughly two years of the operating capital the business will need. Paying it would move that money to the seller instead of into the enterprise, weakening the nonmarginality picture rather than helping it. Who pays matters as much as how much: capital advanced by another person and recoverable by them is not the investor's own funds irrevocably at risk.