Identify the missing business evidence
List the revenue, expense, staffing and operating records needed to assess the venture. Explain what the seller has provided and what remains unavailable. A summary can be useful context without being treated as independently verified results. E-2 needs treaty nationality, real operating enterprise, substantial funds irrevocably committed and at risk, direction or control, and a nonmarginal business. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Assess the actual investment
Trace lawful source and path and the funds committed at risk under the real transaction. E-2 has no universal minimum price. Buying an expensive business does not remove the need to establish its operations and the applicant’s eligibility. E-2 needs treaty nationality, real operating enterprise, substantial funds irrevocably committed and at risk, direction or control, and a nonmarginal business. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Confirm nationality and control
Establish the relevant treaty nationality and enterprise ownership, and the applicant’s ability to develop and direct the business. Canadian residence alone does not answer nationality. Review any seller-retained authority or ownership using the governing terms. E-2 needs treaty nationality, real operating enterprise, substantial funds irrevocably committed and at risk, direction or control, and a nonmarginal business. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Use a credible plan
Support projections and the applicable nonmarginality standard with reliable evidence and reasonable assumptions. Do not invent payroll or import EB-5’s ten-job rule. The commercial decision and immigration case both benefit from knowing where the evidence is limited. E-2 needs treaty nationality, real operating enterprise, substantial funds irrevocably committed and at risk, direction or control, and a nonmarginal business. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Use ownership records while the financial request is outstanding
At least 50% of the enterprise must be owned by nationals of the relevant treaty country. Obtain that ownership evidence independently of the missing sales records. The nonmarginality inquiry addresses more than minimal living for the investor and family or significant economic contribution under the applicable framework; unsupported seller estimates should not be converted into an affirmative conclusion. Canada is an E-2 treaty country. The investor must irrevocably commit funds at risk in an amount substantial relative to the business, and must develop and direct the real operating enterprise through ordinarily at least 50% ownership or operational control. E-2 provides no direct path to permanent residence. E-2 needs treaty nationality, real operating enterprise, substantial funds irrevocably committed and at risk, direction or control, and a nonmarginal business. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.