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BROSSARD · FUNDS AND COMMITMENTS

When the business runs on software licensed from another company

USAvisa field guide · 2 minute read Reviewed 7 September 2026

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THE SHORT ANSWER

The enterprise you would buy or build depends on software it does not own — a platform, a booking system, a database licensed from a related or an unrelated entity. Before anyone attaches a value to that, record the terms: what the licence permits, how long it runs, whether it survives a change of owner, and whether the business could operate without it.

01

Read the licence before you price it

Ask for the agreement itself, not a summary of it. Note the licensor, the scope of permitted use, the term and renewal mechanics, the fees, the termination rights, and whether the licence may be assigned or transferred if the business changes hands. If the licensor is affiliated with the seller, say so and identify the common owners. Hypothetical example: a purchaser living in Brossard considering a U.S. operation finds the scheduling platform is licensed to the seller personally, terminable on short notice and not assignable. That single term changes what is actually being bought, and it belongs in the record before any figure is discussed.

02

Do not assume an intangible converts into investment

There is no automatic formula that counts an intangible asset toward an E-2 investment. What is assessed is a substantial investment, at risk and irrevocably committed, in relation to the particular enterprise, with no fixed universal minimum. So separate what was actually paid, by whom and when, from what a valuation asserts. If licence fees were prepaid, produce the payment records and the period they cover. If rights were contributed rather than purchased, describe the contribution, the documents recording it and who bore the cost, and ask for that treatment to be reviewed rather than assumed in your own favour.

03

Explain whether the enterprise can operate

An E-2 enterprise must be real and operating, and it must not be marginal — a requirement that can be met through significant economic contribution, so keep the supporting facts visible instead of asserting the conclusion. If the licence ended tomorrow, what would happen to service delivery, customers and revenue? Name the alternatives, the migration effort and who would pay for it. Then describe your own role in developing and directing the business, including which technology decisions you would genuinely control. Coordinate immigration and commercial advice before signing: an immigration review does not establish that the purchase price is sound.

SOURCE NOTES

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

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