Read the general investor planning overview
Hypothetical example: Ophelie plans to open a distributor of industrial water-treatment chemicals in Michigan, supplying cooling towers and boiler systems for plants she already knows through her Petrolia employer. She has set aside the funds, prepared a plan and asked when to apply. The honest answer is that she does not yet have an investment. She has capital, and the two are treated very differently by the people who will read her file.
The evidence that converts capital into investment is receipts, not balances
Capital qualifies once it is irrevocably committed to the enterprise and placed at risk, meaning it is subject to partial or total loss if the business fails. A bank statement showing the money is available demonstrates the opposite of both. What demonstrates commitment is expenditure that cannot be undone: a warehouse lease signed and rent paid, a distribution agreement executed, product purchased and sitting in inventory, a delivery vehicle bought, licences and permits for handling regulated chemicals obtained and paid for, insurance in force, and the first employees on payroll. Each of those produces a document with a date and an amount on it. Assembled in order, they tell the story of a business that has started, which is a far stronger position than a description of one that intends to.
Conditional structures are normal, and they have to be drafted with care
Few people want to spend everything before knowing the outcome, and mechanisms exist for that. An escrow releasing funds on approval is common. What matters is whether the commitment is genuine, so an arrangement that returns the money to the buyer at the buyer's option shows no commitment at all, whereas one under which the funds are irrevocably committed subject only to the immigration outcome is a different instrument. The same caution applies to borrowing. A loan secured against the investor's personal assets puts the investor's own capital at risk, while a loan secured against the assets of the business being acquired shifts the risk to the lender. Both structures should be reviewed by counsel before signing, because they are difficult to repair afterwards.
Non-marginality is answered by the payroll the plan actually produces
The enterprise must have the present or future capacity to generate more than a minimal living for the investor and family, and for a new business the future half of that test is carried by the plan. The persuasive version is specific: named roles with start dates and wage rates, a customer pipeline described by sector and volume rather than by ambition, and a route to positive operations within roughly five years. Generic projections that grow revenue by a percentage each year answer nothing. For a distribution business the credible detail is usually operational, such as how many accounts a driver can service, what inventory turns look like, and when a second warehouse employee becomes necessary. The plan should also state its assumptions plainly, because a reader who can test them is more easily persuaded.
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.