Read the general investor planning overview
A Carignan investor may delegate bookkeeping, payroll or routine administration while retaining business decisions. Describe those responsibilities accurately. Outsourcing a task neither automatically removes investor control nor proves that the applicant has a qualifying directing role. A first review should create two separate lists: commitments that put funds beyond the investor’s control and records showing how the investor will direct the operation. A bank balance, a contractor agreement, or a delegation clause may answer only one of those questions. Sequence the source-of-funds trail before relying on a forecast, then test the purchase, lease, escrow, and refund terms to see whether capital is truly exposed to business loss. Hypothetical example: the owner of a company making climbing-wall safety panels hires an operations firm but keeps authority over pricing, suppliers, and expansion. The decision is whether the agreements show genuine direction rather than passive ownership; the management contract and signed decision authorities are more useful than a generic organizational chart. The same review should identify the enterprise’s ownership before accepting the investment. A control claim should be reconciled with share records, voting rights, and any operating agreement, because a person who funds an enterprise may not necessarily direct it.
Describe the applicant’s decisions
Identify who sets commercial priorities, commits resources and directs the enterprise. A principal E-2 investor must develop and direct it through ownership or other qualifying control. Do not substitute the right to receive statements for actual control, or claim that the investor personally performs every task done by a contractor.
Retain the other investment conditions
Treaty nationality and qualifying treaty-national ownership, generally at least 50 percent, remain necessary. Explain lawful funds, substantial capital at risk and a real operating, nonmarginal enterprise. There is no universal fixed E-2 minimum; the nature and cost of the business inform substantiality.
Separate administrative evidence from eligibility
Financial records can document transactions and operating performance. Their existence does not automatically establish control, the source of capital or nonmarginality. Ask for clear records of both the delegated work and the decisions the applicant actually makes.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.