Read the general investor planning overview
A Verchères buyer may place a deposit while inspections, financing and an immigration condition remain unresolved. For E-2, identify what each condition does to the actual commitment. The word escrow does not establish by itself that the funds qualify as invested capital. Hypothetical example: a rainwater-harvesting control-panel supplier signs a purchase agreement but can recover the equipment deposit whenever a lender declines financing. The decision is whether the contract and payment expose the investor to the required business risk; the first review should produce the release language, payment trail and conditions that still leave money recoverable.
Build a condition and consequence table
List the inspection, financing and visa provisions from the actual agreement. For each, identify who can invoke it, the deadline and what happens to the money. Distinguish an agreement that has become binding from a reservation the buyer can cancel freely. Keep the signed language available instead of relying on a broker’s summary that every deposit is fully committed. Do not summarize a condition as simply refundable or non-refundable. The signed clause, notice requirement, discretion holder and deadline determine what the investor has committed. Decide whether the transaction should be restructured, advanced or documented as it is before relying on it.
Assess the commitment within the enterprise
A properly structured visa-contingent escrow may be possible, but its particular terms need review. E-2 requires lawful substantial capital committed at risk in a real nonmarginal enterprise, alongside treaty nationality, qualifying national ownership and development and direction. Enterprise-asset-secured borrowing does not qualify as investment on that basis. There is no universal dollar minimum that resolves the effect of a refundable condition. A first review should compare the amount committed with the total cost of this enterprise. No single dollar figure settles substantiality; the file needs a lawful source and path, capital exposed to loss, and a credible operation that is not marginal.
Coordinate the contractual and immigration decisions
Record when each condition is satisfied, waived or amended and explain any genuine change to the funding or acquired rights. The investor must intend to depart when E status ends; Canadian citizens generally require an E visa. A deposit release or completed closing does not authorize US work. Plan the intended operating activities around the actual permission rather than treating the seller’s deadline as the start of immigration status. Choose a sequence that respects contracts and immigration limits: confirm the commitment, retain the money trail, prepare ownership and operating evidence, then seek the applicable E authorization before working. Canadian citizens generally need an E visa, and closing does not itself authorize operation in the United States.
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: 2026-09-08. General preparation guidance, not an individual assessment.