Yes, seller assistance can coexist with the buyer’s genuine development and direction. The substance of the arrangement matters: distinguish advice and transition work from authority that leaves the investor passive. Review the consulting agreement and the actual allocation of decisions rather than assuming any continuing seller involvement is disqualifying.
Demonstrate authority through decisions rather than labels
Identify which decisions the investor will make independently and how instructions reach staff. A seller may introduce customers or teach a process while the buyer controls strategy and operations. If the seller can override the buyer on essential matters, have that structure assessed. A high ownership percentage alone does not explain how direction will work in practice.
A founder who keeps 40% and negotiates unanimous consent for budgets, capital expenditure, hiring of key staff and dividends has effectively retained operational control, and a consular officer who reads the shareholder agreement will notice. Test nationality, ownership, commitment of funds, direction, and the business’s expected scale as separate issues. E-2 requires treaty nationality for the applicant and qualifying enterprise ownership, an irrevocably committed and substantial investment exposed to loss, a real operating business that is not marginal, and authority to develop and direct through at least 50 percent ownership or operational control.