Owned equipment may form part of an E-2 investment where lawful ownership, credible valuation and genuine commitment to the U.S. enterprise are established. Review the transfer and business-use arrangements rather than assuming a proposed shipment qualifies. Pre-launch investment can be considered; equipment still needs to fit the broader substantiality, operating-readiness and direction assessment.
Turn intentions into irrevocable steps
The difference between a plan and a commitment is usually visible in paperwork. A quote from a freight forwarder shows intent; executed transfer documents, payment terms and completed shipping records help establish what has actually been committed. No single booking or document automatically proves the investment test. If an arrangement lets you cancel and recover everything, expect a fact-specific review rather than an assumption that it qualifies. Ask which items already crossed that line.
Majority ownership is the usual proof, but a franchise agreement that reserves most operating decisions to the franchisor can undermine it, so the agreement's control clauses are examined alongside the share percentage. Confirm that the venture genuinely operates, is not marginal, has the required treaty ownership, and remains under the investor’s development and direction through at least 50 percent ownership or equivalent operational control.