IN THIS GUIDE · Examine a co-owned business before assuming the ownership split decides eligibility
Explain how decisions will be made
Read voting, management and deadlock provisions together. Identify the applicant's actual authority rather than assuming that equal ownership automatically resolves or defeats the analysis. Disclose rights held through other agreements as well as the headline share split.
Trace each contribution accurately
Identify the applicant's funds, the partner's contribution and any financing. Preserve real payment conditions and collateral. A proposed total business budget should not be attributed entirely to one investor when the funding arrangement is different. Loans secured by assets of the E-2 enterprise do not count as qualifying investment capital. Personally secured or unsecured borrowing requires assessment of the actual liability and terms; do not classify every loan the same way.
Assess the enterprise beyond the owners' plans
Substantiality depends on the particular enterprise rather than one universal amount. Non-marginality considers capacity to provide more than a minimal living for the investor and family or to make a significant economic contribution. Support operating expectations rather than relying on unexplained optimism from the partners.
Discuss changes before signing revised terms
If a partner's investment, nationality or rights change, provide the update for assessment. Corporate nationality and development-and-direction questions depend on actual facts. Avoid treating advice on an earlier draft as approval of every later arrangement.
Verify nationality and the funding trail
An enterprise generally needs at least 50% ownership by nationals of the relevant treaty country; trace the actual ownership and confirm the applicable nationality rules. Establish the lawful source and path of the invested funds. E-2 has no universal minimum dollar amount, and its substantiality and non-marginality tests are not the EB-5 investment or ten-job thresholds. The applicant must intend to depart when E status ends. Identify which funds are actually committed and at risk, rather than counting an uncommitted bank balance as invested capital.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.