It depends on the role's actual importance. E-2 sets no fixed headcount, but an enterprise unable to operate lawfully without the specialist must address that dependency. Assess the permitted launch scope, available alternatives, and effects on projections alongside nationality, capital, and direction requirements.
Test whether the plan survives the vacancy
Walk the first year with the seat empty. Which revenue lines disappear, which customers can still be served, and who performs the specialized tasks in the meantime? If the answer is that the business cannot function at all, the plan needs a contracted alternative or a later opening date, not optimistic wording. If it can function at reduced scope, say so plainly and show the numbers that follow from it.
Create an eligibility table covering treaty nationality of investor and enterprise, ownership or control, lawful funding, irrevocable commitment, operations, and nonmarginality. The enterprise must then itself possess that nationality, which is established by at least fifty percent ownership by nationals of the same treaty country who are not permanent residents of the United States. The E-2 investor must have treaty nationality, qualifying enterprise ownership, substantial funds already placed irrevocably at risk, and authority to develop and direct through fifty percent ownership or operational control.