Read the general investor planning overview
An escrow account can help structure a business purchase, but its name does not tell you whether the E-2 commitment requirement is met. Read what releases the money, who can recover it and which conditions remain open. The assessment concerns the agreement and the actual commitment, not the account label. A first review should trace each dollar from its lawful origin to the purchase agreement, identify every release condition, and state who bears loss if the business does not proceed. The investment must be committed beyond the investor’s free recall, exposed to risk and sufficient for a real enterprise that is not marginal. Hypothetical example: a Canadian investor buys a seed-vault climate-monitoring service and places the price in escrow, but the agreement permits withdrawal if a lender dislikes the business plan. The concrete decision is whether that additional exit right prevents the funds from being treated as committed capital.
Distinguish visa contingency from a freely reversible deposit
Official guidance recognizes that a business purchase conditioned on E-2 visa issuance may qualify when the assets are held in escrow for release once that condition is met. This does not mean every refundable deposit qualifies. Identify other cancellation rights and have them assessed before representing the funds as irrevocably committed. Read the entire release clause, not only the condition named in the heading. A small additional refund right may be decisive because it changes who truly bears the commercial exposure.
Trace the money before it entered escrow
Retain the lawful-source documents and transfers into the account, including any gifts or loans. The investor must possess and control the funds and bear the relevant risk. Unsecured borrowing or borrowing against personal assets may qualify under the rules; financing secured by the E-2 enterprise’s assets does not count as qualifying investor capital. For each gift, loan or sale, retain the source record and the agreement that explains the transfer. The review should be able to follow ownership and control of the funds at every material step.
Check the rest of the transaction
The investment must be substantial relative to the business, with no universal fixed minimum. Confirm the applicant’s qualifying treaty nationality, a real operating enterprise, and development and direction by the applicant. Nonmarginality concerns capacity for more than a minimal living for the investor and family, or a significant economic contribution. Ordinarily, nationals of the relevant treaty country must own at least 50% of the enterprise. A properly drafted escrow condition does not replace these requirements. Choose the enterprise budget before selecting a target investment amount. The meaningful comparison is between the amount committed and the actual cost of establishing or buying that particular business.
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.