Read the general investor planning overview
An Oak Bay investor should explain leased resources and actual commitments rather than claim a purchase merely because the equipment is important to the business. The first review should make a dated schedule showing money leaving the investor, its destination, the contract that required it, and the business purpose it serves. It should also flag funds that can still be recalled. Hypothetical example: an Oak Bay fountain-pen restoration business signs for a US workshop, custom tools, and initial inventory, but the seller may cancel the asset purchase and refund the deposit at any time. The owner must decide whether to negotiate a narrowly conditioned, enforceable commitment or postpone the filing, because a glossy valuation and a proposed staffing list do not establish the same thing as capital exposed to loss.
Establish the ownership and direction
At least 50% relevant treaty-country national enterprise ownership is required, together with the applicant’s development and direction. The equipment lessor’s identity does not by itself determine who owns the enterprise. Obtain company formation records, the share register, nationality evidence for the owners, and documents showing who will direct the enterprise. The review should distinguish a supplier or lessor from an equity owner. The investor's decision is whether the records show both treaty-company nationality and practical authority to lead the business, instead of only a right to use equipment or premises.
Account for actual funds at risk
Use lawful source and path evidence and review the real lease commitments. The equipment’s advertised purchase price should not be represented as money the investor has spent when the actual arrangement is a lease. Match each claimed investment amount to a wire, receipt, invoice, purchase agreement, or binding lease obligation, then trace the money back through its lawful source and path. Funds kept available for a future decision ordinarily need more than a business-plan entry. Capital must be irrevocably committed and exposed to loss in the enterprise; a seller-controlled refund provision or an unspent personal reserve may change the analysis. Resolve that contract point before describing the amount as already invested.
Support the operating plan
A real nonmarginal enterprise must meet the applicable more-than-minimal-living or significant-economic-contribution standard. No universal E-2 minimum or ten-job quota applies. Delayed equipment delivery should be reflected in the resources and schedule actually available. Use customer evidence, operating assumptions, staffing needs, and a realistic cash-flow narrative to show an enterprise that will actually operate. The question is not whether every forecast occurs exactly as planned, but whether the current record supports a real business that is not marginal under the governing standard. If delivery dates slip, update the use-of-funds schedule and opening plan. The reader must decide whether to file with the documented arrangement or wait until the central operational commitments are in place.
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.