IN THIS GUIDE · A business uses a shared commercial kitchen
Start with the E-2 eligibility and application overview
Prove enforceable access, not exclusive walls
E-2 requires a real operating commercial enterprise, and nothing in that standard demands an exclusive building. A shared kitchen licence can support the case when it is enforceable: a signed agreement naming the U.S. facility, the hours or bays reserved, the term, renewal terms, and what happens if the operator reassigns time. Keep the booking records, invoices and any storage addendum. Vague verbal permission from a facility manager leaves the enterprise's premises unproven. Confirm whether the kitchen agreement gives the enterprise, rather than only the individual, enforceable access to the space and services needed to operate. A draft, a wait-list position or an informal promise should be described as such. The decision is whether the current contract supports the filing-stage business claim.
Show the permissions the product actually needs
Occupying a bay is not the same as being permitted to produce and sell from it. List every authorization the U.S. operation actually needs — facility permissions held by the kitchen operator, permissions the business must hold in its own name, and any product-specific approval — then note who applies, the status of each, and the expected sequence. Assess whether each pending item prevents lawful production or affects filing readiness; do not assume all permits can remain unresolved. Create a dated permissions table with the issuing authority, named holder, dependency and proof of status. This distinguishes an approval already held by the facility from one the investor must obtain. The table also identifies whether a pending approval is a genuine launch contingency or a missing prerequisite.
Match booked capacity to the revenue plan
Non-marginality asks whether the enterprise can generate more than a minimal living for the investor and family, now or within a reasonable future period, or make a significant economic contribution. In a shared kitchen the honest test is arithmetic: booked hours, output per session, and the sales channels that absorb it. If the plan needs more time than the agreement reserves, show how additional hours would be obtained. Capacity claims that exceed the contract undermine the projections they support. Test the forecast against supplier lead times, production limits, pricing and signed or evidenced sales channels. If the first period depends on personal labour, say so and show how the model can grow beyond a minimal living. The deciding question is whether the forecast follows the contract and operations, not whether a spreadsheet uses optimistic labels.
Commit capital that is genuinely at risk
Substantial capital is measured against what this enterprise costs to establish, and a kitchen-based business may spend on equipment, packaging, inventory, deposits, insurance and marketing rather than a building. Show funds irrevocably committed and exposed to loss, with the lawful source and the path from origin to the U.S. account. A balance statement alone proves little. Prelaunch is workable when commitments are genuine; first sales are not a universal precondition. Separate committed expenditures from money merely available in an account. The source record, transfer record, invoice, contract and proof of payment should tell one consistent story. If a purchase is conditional, explain the condition rather than calling it final; the legal effect depends on the actual arrangement.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.