Do not assume a blanket prohibition. The actual escrow and commitment terms need review under the applicable rules.
Read the precise condition
A qualifying visa-contingent arrangement is different from an unrestricted ability to withdraw funds. The case should explain the actual agreement rather than rely on a generic deposit label.
Nonmarginality requires more than minimal investor-family support or the applicable significant economic contribution; neither one customer nor a large printed amount automatically resolves it. The investment must be substantial in proportion to the cost of buying or establishing this particular business, which means a modest purchase price demands proportionally more rather than less. E-2 requires treaty nationality for the applicant and qualifying enterprise ownership, an irrevocably committed and substantial investment exposed to loss, a real operating business that is not marginal, and authority to develop and direct through at least 50 percent ownership or operational control. The applicant still needs qualifying treaty nationality, substantial lawful at-risk commitment, development and direction and a real nonmarginal enterprise; a construction invoice does not establish all those conditions.
Work out the qualifying figure by identifying the borrower, the collateral described in each security instrument, any financing statement filed against the company, and the payment terms; then reconcile the buyer's own cash against the financed balance without counting a dollar twice.