Read the general investor planning overview
An agreement may depend on immigration approval and on a separate commercial event. Identify each condition and its effect on the funds. Qualifying escrow arrangements require assessment of the actual terms; describing the whole contract as visa-contingent can hide another condition that changes the commitment. Before signing, decide which obligation places the funds beyond the investor’s unrestricted control and what document proves that point. E-2 capital must be irrevocably committed and at risk; it must also be substantial for the particular business, which needs a real operating plan rather than a marginal activity.
Separate the triggers for release
Hypothetical example: a Côte Saint-Luc purchaser’s agreement depends on immigration approval and completion of a separate asset sale. Ask what happens if only one event occurs. Locate the clauses determining release, cancellation and repayment. Give both immigration and transaction advisers the complete agreement rather than an isolated paragraph. Hypothetical example: a solar-greenhouse seedling distributor agrees to buy inventory, specialized racks, and a warehouse lease, but can cancel the equipment order without cost. The decision is whether each item is a binding, loss-exposed commitment or still a revocable intention. Invoices, cancellation clauses, and payment terms answer that question better than a budget total.
Document where the money is now
Identify funds already transferred, funds held under an agreement and funds not yet available. Connect each amount to its lawful source and supporting record. Do not treat anticipated sale proceeds as if they had already moved. The review needs to distinguish available resources from the investment commitment actually being proposed. Build a ledger that separates deposits, released payments, refundable amounts, and future costs. Pair each entry with the bank record, source-of-funds record, and contract clause that explains it. This sequence prevents a closing statement from being used to imply that funds were invested before they were actually available.
Reassess if the transaction changes
A revised closing date, new condition or different source of funding should be brought back for review. Keep the ownership and operating proposal current as well. E-2 substantiality, non-marginality, nationality and direction requirements do not disappear because an escrow clause was accepted as part of the financing analysis. After any amendment, decide whether the commercial story still matches the immigration evidence. A lower purchase price may change proportionality; a new passive manager may affect direction and control; delayed opening may affect the operating forecast. Preserve earlier versions and state exactly which plan the current records support.
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.