A couple’s shared business plan needs an E-2 analysis of the actual enterprise and applicants. Marriage does not merge citizenships or determine control. Use the ownership, governing and financial records to establish the qualifying arrangement. A useful E-2 review produces an ownership chart, funds ledger, transaction sequence, operating budget, and explanation of who will direct the enterprise. Hypothetical example: two Canadian siblings plan to buy a Pennsylvania specialty-coffee roastery, but only one will relocate; they must decide whether the ownership and control rights make that person the investor who can develop and direct the business.
Trace the relevant treaty ownership
The enterprise generally needs at least 50% ownership by nationals of the relevant treaty country. Explain direct and indirect interests and the applicant’s development and direction of the business. A Canadian incorporation or address does not alone establish nationality. The record that settles nationality is usually the ownership and control documentation, not an address on a corporate filing. Review voting rights, board powers, shareholder agreements, and every holding entity. The reader must decide whether changes needed for genuine control should occur before funds move, because a later explanation cannot replace the actual legal arrangement.
Describe the funds without artificial transfers
Establish lawful source and path and the capital genuinely committed at risk. Joint funds need an accurate ownership explanation, not an invented gift between spouses. Review the actual rights and obligations before moving money. Trace savings, loans, gifts, sale proceeds, and transfers with records that show both source and path. Capital must be irrevocably committed and at risk; money that can simply be withdrawn if the case is refused is usually not enough. Choose carefully among escrow, a conditional lease, or binding equipment purchases so the exposure and documentation match.
Support the operation and financial plan
E-2 has no universal minimum amount or ten-job rule. Assess substantiality and the actual nonmarginality standard using credible business evidence. Equal partner contributions do not automatically establish any of those requirements. Use an operating plan grounded in actual costs, sales assumptions, contracts, and staffing rather than a target amount. The enterprise cannot be marginal, and substantiality is measured in relation to the particular business. The decision is whether the proposed spend genuinely starts and sustains that business, not whether it resembles another investor’s budget.
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.