Read the general investor planning overview
An Esquimalt buyer should describe the real transition arrangement without assuming that all seller involvement either defeats or establishes the E-2 case. The first review should separate the purchase price, equipment or lease commitments, working capital, seller consulting fee and any refundable escrow. It should also compare the business plan with the documents that control authority after closing. The investor must decide whether funds have become irrevocably committed and exposed to commercial loss, or whether a condition still permits recovery. A credible application also needs a real enterprise that is not marginal; a seller’s past revenue may be relevant but does not automatically establish the buyer’s future operation.
Read effective authority
At least 50% relevant treaty-country national enterprise ownership is required alongside the applicant’s development and direction. Identify the seller’s remaining duties and the buyer’s rights through the actual agreements. Review the ownership ledger, operating agreement, signature authority and employment terms as one control record. The applicant should be able to explain who chooses suppliers, hires staff, approves spending and resolves customer commitments. A contract that reserves those ordinary operating choices to the seller can conflict with an account that describes the buyer as directing the enterprise. Resolve the conflict in the transaction structure, not by leaving it unexplained in the filing.
Reconcile payments with their purpose
Trace lawful capital source and path and assess substantial funds at risk. Distinguish purchase consideration from transition services without assuming an invoice label determines every payment’s treatment. Start with the earliest document showing how the investor acquired the money, then account for each bank transfer, conversion and payment. A loan, gift or sale proceeds can require records beyond the final wire. The decision record should also state whether an escrow condition is tied to visa issuance, ordinary closing mechanics or a refundable business contingency. Do not count money held back for a future choice as though it has already entered the commercial risk of the venture.
Support the operating enterprise
The real business must meet nonmarginality, including the applicable more-than-minimal-living or significant-economic-contribution standard. There is no universal dollar minimum or ten-job E-2 rule. Update extensions or changed authority that materially affect the plan. Hypothetical example: an Esquimalt mobile-ultrasound-equipment service company buyer signs for a US repair shop, but the seller will retain authority to approve all replacement-part orders for six months. The buyer must decide whether that limit leaves enough control to direct the business or should be narrowed before closing. The purchase agreement, bank authority, supplier accounts, repair backlog and staffing schedule settle the analysis. If the plan assumes technicians will be hired but current revenue supports only the owner, revise the forecast rather than treat a hoped-for expansion as an established 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.