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OKA · E-2 FIELD GUIDE

Does a lease in the wrong name defeat the at-risk investment?

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THE DIRECT ANSWER

Not automatically. Determine whether the operating enterprise has lawful access under the actual arrangements and whether payments support qualifying committed capital. A lease in another entity’s name may reflect a valid structure or a genuine unresolved problem. Review the rights and funding evidence rather than assuming the only solution is to replace the tenant name.

Tie the space to the enterprise you present

E-2 requires a real operating commercial enterprise with substantial capital at risk and more than marginal capacity. Premises usually carry a large share of that spending, so the tenant identity is not clerical detail. If the correct company cannot be substituted, consider whether the holding entity should be part of the ownership structure instead — a choice with tax and consent consequences that belongs with counsel, not a template.

Confirm the applicant and enterprise have treaty-country nationality, and document ownership showing at least 50 percent or another basis for operational control. Assess the actual enterprise the investor will develop and direct, including the resources, revenue and expenses attributable to it. The investor must hold and exercise operational direction of the enterprise, so a passive funding arrangement needs a different analysis before money moves.

Flag any expense that sits outside the headline purchase price, and distinguish estimates from payments already made.