Do not assume it can. The proposed noncash contribution needs review of ownership, value, commitment and use in the enterprise, while the business still needs resources to operate. An impressive valuation does not automatically establish substantial qualifying investment or solve an unfunded operating plan.
Test both the contribution and the resulting enterprise
Ask what rights would pass to the U.S. business and what credible evidence supports their value. Then assess what the enterprise can actually do with the available cash and other resources. Keep these questions distinct: a defensible asset value and an adequately funded commercial operation are related, but neither proves the other.
For E-2, explain the real business capacity and economic contribution rather than inflate a staffing chart to match a different category. Where the enterprise itself is treated as having nationality, at least fifty per cent of its ownership must be held by nationals of the treaty country who are not United States permanent residents. The case must show treaty nationality, at least 50 percent qualifying ownership, and the investor’s development and direction through ownership or operational control. The buyer must also be a Canadian citizen and must own and direct the business, which sole ownership satisfies.