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SAINTE-MARTHE-SUR-LE-LAC · FUNDS AND COMMITMENTS

Explain an E-2 funding proposal before committing to the transaction

USAvisa field guide · 3 minute read Reviewed 7 September 2026
THE SHORT ANSWER

Start with the actual ownership, funding source and proposed operating business. An E-2 review needs more than a purchase price: it considers qualifying treaty nationality, the investment and the enterprise. Describe what has already happened and what still depends on an agreement so the review does not mistake a plan for a completed commitment. Ask for the transaction documents in the order they were signed, and read them against a single timeline showing when each payment was made or became due. Hypothetical example: a buyer negotiating for a language school and interpreting agency holds a signed letter of intent, a paid deposit and an unsigned share purchase agreement, and only one of those three has placed any money beyond recall.

01

Trace the money through the transaction

Create a dated path from the lawful source of the funds to the proposed recipient. If a gift, asset sale or loan is involved, identify its supporting records and terms. Personal unsecured loans may qualify, while borrowing secured by enterprise assets is treated differently. Ask for review of the actual financing documents rather than assuming all borrowed funds are either acceptable or excluded. Where a loan is involved, obtain the loan agreement rather than a summary of its terms, and identify precisely what secures it. Borrowing secured by the assets of the enterprise being acquired is treated differently from a personal obligation, and that distinction is decided by the security rather than by who signed. Record the date each advance was made and the account it entered, since a transfer arriving after the relevant assessment can be difficult to characterise afterwards.

02

Read the conditions before money moves

Hypothetical example: a Montréal resident negotiates a purchase subject to immigration approval. The review examines the escrow agreement, release conditions and what happens if the condition fails. The FAM recognizes qualifying escrow arrangements; it does not make every agreement labelled escrow sufficient. Coordinate immigration and transaction advice before signing or paying, and keep proposed, committed and completed payments distinct. Ask what happens to the deposit if the condition is not met, and read the clause that answers it rather than accepting a description of it. A deposit returnable at the buyer's election has not been committed in the way an irrevocable commitment requires. Where the seller wants comfort before releasing information, consider whether a confidentiality agreement can provide it instead of an early payment, and take that question to the transaction adviser before the immigration one.

03

Explain what the enterprise will do

Prepare an operating account that identifies customers, delivery responsibilities and the applicant’s decision-making role. The investment must be assessed for substantiality in relation to the enterprise, and the business must satisfy the non-marginality requirement. Keep commercial forecasts supported and uncertainties visible. There is no universal E-2 dollar figure that replaces this analysis, and an immigration review does not establish that the purchase is financially sound. Set out the enterprise's actual customers, or the basis on which they are expected, and say who would serve them. An operating account naming a small number of real relationships is more convincing than a market-size figure. State plainly which staff would remain after closing and on what terms, since a business whose delivery capacity depends on people who have not agreed to stay is a different proposition from one whose team is contractually committed.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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