Read the general investor planning overview
A seller’s single number often bundles several different things: stock on hand, goodwill, equipment, and a deposit that may be recoverable. For an E-2 discussion, break the price into its components with amounts and dates, and state what has been paid, what is committed and what is still conditional. Leave the characterization of each component to the review. Hypothetical example: a purchaser of a cello-bow rehair workshop pays a non-refundable equipment balance while the seller keeps the inventory price subject to a final count. The decision is whether the signed terms place the paid amount genuinely at risk or leave it withdrawable, not whether the seller’s headline price sounds substantial. A first review should identify the contract clause that controls each payment.
Itemize the price before characterizing it
Ask the seller for a schedule showing each component and how it was valued: the stock count and the date it was taken, the equipment list, goodwill, and any allocation set out in the draft agreement. Hypothetical example: an asking price includes an inventory count taken three months earlier and a deposit held during due diligence. Record both, with their dates, rather than deciding yourself which parts count toward the investment; substantiality is assessed in relation to the particular enterprise, and there is no fixed universal minimum to measure against. Reconcile the schedule to the agreement and to the payment record. A seller’s estimate is not a completed allocation, and an unexplained change in stock can alter the transaction economics. Decide whether the evidence supports the amount already committed or whether the parties need a documented adjustment before relying on it.
Show which money is actually at risk
The E-2 review considers a substantial, at-risk, committed investment in a real operating enterprise that is not marginal. A deposit recoverable on demand is not the same commitment as funds irrevocably placed. Qualifying escrow arrangements contingent on visa issuance are possible, but their terms need review, and not every refundable deposit qualifies. Provide the agreement, the escrow instructions and the release conditions, and identify who holds the funds today and on what authority. The central E-2 question is not simply whether money has left an account. Capital must be irrevocably committed, subject to loss, and placed in a real enterprise that is not marginal; substantiality is measured in relation to the business. Review the release clause before calling an escrowed amount committed, then decide whether its contingencies preserve a qualifying risk of loss.
Trace and date the payments
Build a dated path from the lawful source of the funds to the intended recipient, including transfers, currency conversions and the accounts involved. Keep proposed, committed and completed payments in separate columns. Then describe the enterprise itself: customers, staff, premises, and the applicant’s ability to develop and direct it. Coordinate immigration and transaction advice before signing or transferring, and note that an immigration review says nothing about whether the price is commercially reasonable. For every movement, match the bank entry to a source document and the receiving account to the commercial obligation. A loan, gift, sale proceeds, or retained earnings may require different records to show lawful source and control. Decide whether an unexplained gap is a missing statement, a missing contract, or a fact that cannot accurately be inferred.
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.