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CANDIAC · PREPARE THE REAL CASE

A business purchase agreement should distinguish the investor’s committed funds from the seller’s promises

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

A Candiac buyer assessing an E-2 acquisition should understand what is actually being bought, paid and placed at risk. The advertised sale price is not automatically the amount of qualifying investment. Hypothetical example: a Canadian citizen agrees to purchase a bicycle-repair workshop, but the deposit remains in a personal account while the seller awaits a signed agreement. The first decision is whether the funds are truly committed under a workable escrow arrangement or still merely available.

01

Trace the buyer’s funds and obligations

Explain lawful source and movement of funds, what has been committed and the relevant contractual conditions. Proper visa-contingent escrow can qualify when structured appropriately; simply keeping money available for a possible purchase is different. Build a dated source-and-path schedule that identifies each transfer, account holder and contractual obligation. The record should make clear why the investor may lose the funds if the business does not succeed, while preserving any proper visa contingency.

02

Assess the business after the transfer

Treaty nationality, qualifying enterprise ownership, a substantial investment and a real nonmarginal business remain necessary. The principal must develop and direct it. A seller’s past revenue does not by itself establish the buyer’s future authority or the adequacy of the proposed operation. Decide who will own and control the enterprise after closing, what the investor will do daily, and what records support those facts. The investment must be irrevocably committed and at risk, and the business cannot be marginal.

03

Review price allocation rather than inventing a minimum

Ask how assets, operating needs and transaction terms support the actual enterprise. E-2 has no single fixed dollar minimum. Separate application costs and professional advice from the funds claimed as investment, and do not promise approval because the asking price is high. Match the operating budget to invoices, lease obligations, inventory and staffing needs rather than a round purchase figure. The applicant must decide which expenditure belongs in the investment analysis and which remains a personal or filing expense. Keep the allocation consistent with the signed agreement and payment schedule.

SOURCE NOTES

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

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