Read the general investor planning overview
Damage to the premises before opening raises three questions that should not be merged: what the repairs cost, where the money comes from, and when the enterprise can actually operate. An E-2 review considers qualifying treaty nationality, a substantial investment committed and at risk, and a real, operating, non-marginal enterprise. Insurance proceeds and investor capital are not interchangeable in that account. The investor’s ability to develop and direct the enterprise must also be established.
Track repair costs and their funding separately
Build a dated schedule: quotes received, contracts signed, deposits paid, work completed, amounts still owing. Track any insurance proceeds separately, with the claim, the settlement terms and the recipient. Money paid to restore a property is not automatically capital the investor has irrevocably committed and placed at risk. Ask the reviewer how each amount should be characterised rather than adding everything into one headline figure that hides where the money came from.
Describe readiness in operating terms
Hypothetical example: an investor living in Saint-Eustache is buying an operating business located in the United States — the enterprise itself has to be there — and the premises are damaged weeks before opening. The useful description is what the business can do now and what remains outstanding: permits, inspections, equipment, staffing, supply. Substantiality is assessed in relation to the enterprise, which must be real, operating and not marginal. A completed repair is one fact in that account, not the answer to it.
Read payment conditions in the revised repair plan
Settlements, holdbacks and escrow releases all carry terms. Escrow arrangements contingent on visa issuance can qualify under the FAM, but deposits described as refundable are not all acceptable, and the wording has to be read case by case. Mark each payment as proposed, committed or completed, and note who may release it and on what event. Coordinate immigration and transaction advice before signing, and keep the commercial risk visible as its own separate question.
Repairs finish on the contractor's schedule, not on the file's
Sequence the repair against the case rather than assuming the two will meet. Much of the work here can be repeated: a schedule can be revised, a quote replaced, a description of readiness rewritten as the premises change. Payments cannot. A holdback released, a settlement accepted in final satisfaction and a contractor paid in advance are each a decision that closes. Hypothetical example: an investor waiting on repairs accepts an early settlement offer in order to keep a packaging-line installer's crew on site, and the terms of that acceptance turn out to affect what remains recoverable for the outstanding work. Ask what each payment closes before it is made, in the same conversation in which the immigration characterisation of the money is discussed. The enterprise still has to be real, operating and not marginal when it is assessed, and readiness described in advance of the work being done is a forecast rather than a fact.
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.