Read the general investor planning overview
An Otterburn Park investor may revise a U.S. staffing plan before the enterprise is ready to operate. Assess the real economic plan rather than adding an arbitrary number of employees to make the proposal appear eligible. A first review should separate commitments already exposed to loss from future operating forecasts and from funds still under the investor’s control. The reader must decide whether the revised plan remains credible with the actual contracts, opening date, and available capital, rather than treating a headcount target as the test. A nonmarginal analysis asks what the real enterprise can support, not what number would sound persuasive.
Connect the staffing forecast to the actual operation
Describe the goods or services, expected work and resources supporting the forecast. Hypothetical example: a revised opening schedule changes when a role is needed. Identify the changed assumption and evidence rather than continuing to describe a future employee as already hired. Hypothetical example: a marine-battery refurbishment business postpones its workshop opening because a supplier cannot deliver testing equipment. The investor must decide whether the revised forecast should move the technician hire and show the supplier correspondence, or whether the enterprise needs a different operational plan before a filing is prepared.
Use the nonmarginality test without inventing a quota
E-2 requires a real operating nonmarginal enterprise with capacity beyond minimal living for the investor and family or for a significant economic contribution. There is no universal fixed employee quota or investment minimum. A forecast should explain the business’s actual capacity; hiring promises alone do not establish every condition. Test each hiring assumption against invoices, signed customer work, premises capacity, and the date employees would actually be needed. The record that settles the issue is the business evidence behind the projection, not a headline employee number. If a role is contingent on revenue, say so plainly and avoid presenting the person as hired.
Preserve the investment and control evidence
Capital must be substantial, lawful, committed and at risk, with its source and path established. Relevant treaty nationality, generally at least 50% relevant treaty-national enterprise ownership and development and direction through qualifying control remain required. Enterprise-secured debt is not qualifying capital; other financing and properly structured visa-contingent escrow need assessment on their real terms. The decision is whether the evidence proves all the separate conditions: treaty nationality, qualifying ownership or control, substantial lawful capital, an irrevocable commitment that faces commercial risk, development and direction, and a real enterprise that is not marginal. Trace source and path before combining amounts in a schedule. A business account balance or a future financing possibility does not by itself establish committed capital.
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.