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PRINCE · INVESTOR PLANNING

Use a full operating year to assess a seasonal business

USAvisa field guide · 3 minute readReviewed 7 September 2026
THE SHORT ANSWER

An E-2 plan should explain both revenue peaks and obligations outside them. Canada is a treaty country, but the investor and enterprise must have qualifying treaty nationality; the enterprise ordinarily needs at least 50% treaty-country ownership. The investment must be substantial, irrevocably committed and at risk in a real, operating, non-marginal enterprise that the investor develops and directs through at least 50% ownership or operational control. E-2 provides no direct path to permanent residence. The decision is not simply how much money to spend. It is whether the investor can document treaty nationality, qualifying ownership and control, lawful funds, a real operating enterprise, and capital irrevocably committed at commercial risk. The business must not be marginal. Hypothetical example: A precision-mushroom cultivation entrepreneur can either keep funds in a revocable account while seeking a site or sign a lease and equipment contracts with defined cancellation terms. She chooses the path that accurately demonstrates commitment while preserving a truthful operating plan. The final record should also identify the investor's decision-making authority and the company's plan if a family member cannot help. That is a concrete way to show active development and direction without silently assuming unauthorised labour. Before submitting the case, compare the written plan with current invoices, account records, ownership documents, and the investor's actual role. The decision-maker should be able to see a functioning commercial story, including risks and ongoing obligations, rather than a collection of purchases selected only for a filing total. The investor should retain that comparison as the record of why the chosen commitments, rather than unspent cash, support the application.

01

Support the forecast

Use relevant historical records, contracts and reasonable assumptions for the actual venture. Do not turn the strongest month into an unsupported annual projection. Explain any differences between a seller’s results and the buyer’s proposed operation. Build the forecast from verifiable inputs: capacity, price, operating days, suppliers, wages, and realistic demand. The reader must decide which assumptions have record support and remove optimistic figures that depend only on aspiration.

02

Identify committed operating resources

Trace lawful source and path and assess how funds are committed and at risk. Working capital needs factual analysis rather than automatic inclusion or exclusion. Distinguish enterprise resources from money reserved for the household. Trace funds from their lawful origin to each enterprise obligation and identify whether a deposit is refundable, irrevocable, or available for personal use. This makes the risk analysis concrete and prevents a cash balance from being misdescribed as investment.

03

Apply the proper standard

E-2 has no fixed universal investment minimum or ten-job requirement. Review nonmarginality and the investor’s development and direction on the evidence. A commercially sensible plan still needs the remaining immigration requirements and lawful work permission. Apply E-2 standards rather than borrowing EB-5 concepts. There is no fixed universal investment figure or ten-job test, but the investment must be substantial in context and the enterprise must satisfy the nonmarginality requirement.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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