Read the general investor planning overview
Two people can build the same business together and occupy very different positions in an E-2 review. Services contributed are not the same thing as capital irrevocably committed and placed at risk, and an agreement giving one partner a right to review decisions describes control, which is a separate question from the amount invested. Record who contributed what, on what date, evidenced by which document.
Separate contributed services from committed capital
The applicant's capital must be irrevocably committed and at risk in a real operating enterprise located in the United States; the enterprise being assessed is the American one, and where the applicant will live is a separate question tied to the requirement to develop and direct that enterprise. Hypothetical example: a Rosemère resident wires funds to a U.S. operating company while a partner already in the United States contributes full-time work and takes an equal share. Sweat equity described in a shareholders' agreement is not the same evidence as a documented transfer. Set out what was transferred, from which lawfully sourced funds, on what date, and to whom, with the bank records that show it.
Read the control terms, not only the percentages
Control and ownership are assessed on the facts. A partner holding less than a majority may nonetheless exercise control through a veto, a right of review over decisions, board composition, or a casting vote; conversely, a majority holder can be constrained by the same agreement. The applicant must be able to develop and direct the enterprise, so the reviewer needs the actual shareholders' agreement rather than a summary of it. Flag any side letter, option or buy-back clause that changes who decides, and list which of those terms are still under negotiation.
Measure substantiality against this enterprise
There is no universal minimum figure. Substantiality is assessed in relation to the cost of the enterprise, which must also be real, operating and non-marginal. Partners are not all required to invest the same amount; the question is what this applicant has committed and whether it supports this business. If money is held in escrow or in trust, have the release terms read: a qualifying contingent escrow arrangement is possible, but not all refundable deposits qualify, and the label on the agreement decides nothing. Keep proposed, committed and completed payments as three separate columns.
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.