IN THIS GUIDE · Building an E-2 case where manufacturing is outsourced and the U.S. company runs its own sales operation
Start with the E-2 eligibility and application overview
Name the commercial functions the company keeps
Outsourcing the factory does not make the enterprise a paper company, but the record has to show what the U.S. business actually does: product specification, quality control, inventory and logistics, pricing, marketing, sales calls, customer contracts and after-sales support. Write those functions down with the person or vendor responsible for each. An enterprise that merely holds a supply agreement is a harder case than one running its own commercial operation. Match each retained function to supporting records: a pricing file, customer pipeline, quality procedure, inventory report or service log. This comparison reveals whether the company has a commercial role of its own or only repeats a supplier’s description of the business.
Treat the manufacturing agreement as core evidence
A contract manufacturing agreement shows minimum orders, unit pricing, tooling ownership, lead times and exclusivity. Those terms explain your margins and your commitments, so they belong in the file alongside customer agreements, distributor terms and purchase orders. Deposits, tooling payments and prepaid production runs may form part of the committed capital picture, but refundable or conditional amounts need fact-specific review rather than a blanket assumption either way. Hypothetical example: a centrifuge-maintenance-kit distributor contracts out assembly but keeps technical specifications, customer warranty decisions and replacement-part inventory. Purchase orders, the vendor agreement and the applicant’s operating plan together show which commercial decisions remain with the U.S. enterprise. The investor must still demonstrate that the funds and obligations relate to that real operation.
Commit capital before the first sale, and show the risk
A prelaunch company can qualify where the capital is genuinely committed and at risk and the business is ready to operate; first revenue is not universally required. Evidence often includes a signed lease, tooling and inventory purchases, hires or offer letters, software and channel spending, and non-refundable deposits. Document the lawful original source and the path of the funds as well, since a bank balance alone establishes neither. For E-2, the funds must be committed irrevocably and exposed to commercial loss; an amount held back without a genuine obligation is not equivalent. Tie every expenditure to an invoice, transfer, executed contract or other record that identifies both the payee and the business purpose. The source-and-path review should run in parallel with the spending review.
Show that you will develop and direct
The investor's treaty nationality and at least fifty percent treaty ownership of the enterprise must be established, and the investor must genuinely develop and direct the business. For a sales-led startup that usually means signing contracts, setting prices, hiring and managing the U.S. team. Owning the company does not by itself authorize you to work in the United States, and any qualifying employee case carries its own requirements. The enterprise cannot be marginal, so test the forecast against actual contracts, capacity, expenses and planned hiring rather than a sales projection alone. The investor must direct and develop the enterprise in a genuine operational capacity. A delegation can be sensible, but records should still show the investor’s control of the business decisions claimed.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.