Possibly. E-2 does not require matching contributions. The reviewer looks at whether treaty nationals hold at least 50 percent of the enterprise, whether the applicant is a treaty national, and whether that individual will actually develop and direct the business through ownership, a managerial position, or another documented control device.
Write down who decides what, not just who paid what
Take the draft agreement and mark, clause by clause, who appoints managers, signs contracts, hires staff, and breaks a tie. If the smaller contributor is the applicant, that person's authority should appear in the documents rather than in an understanding between friends. Where the two partners hold different citizenships, also confirm the treaty-national ownership total. Ask counsel to review conflicting clauses before the agreement is executed.
Developing and directing the enterprise ordinarily means holding at least fifty per cent or otherwise possessing operational control, and a passive minority stake will not support the classification. Describe the investor’s enterprise as a set of real commercial functions: product selection, branding, sales, inventory risk, customer obligations, quality control, and supplier management. Substantiality relates the size of the investment to the actual business being acquired or built, and nationality, commitment, direction and the enterprise's own requirements must all be satisfied separately.