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HOPE · LEASE RIGHTS FIRST

Reading the lease assignment before relying on an E-2 acquisition

USAvisa field guide · 4 minute readReviewed 7 September 2026
THE SHORT ANSWER

A proposed Chilliwack buyer should be able to explain which occupancy rights the U.S. purchase actually delivers. A seller’s remaining lease and the buyer’s intended use are not necessarily the same arrangement. Hypothetical example: A laboratory-equipment decontamination buyer must decide whether the current records support the route before an irreversible commercial or family commitment. The review identifies what is known, which record settles each point and what needs to remain conditional. E-2 requires capital irrevocably committed and subject to commercial risk in an enterprise that is not marginal, with investor development and direction. The concrete decision is whether to proceed, obtain missing evidence or use a different arrangement.

01

Build a short rights schedule

Record the named tenant, current expiry, assignment provision and any required consent. Add the status of a replacement lease or renewal if one is contemplated. Distinguish signed rights from negotiations. Explain whether equipment, licences or customer access depend on that particular location; do not assume that relocation is straightforward simply because the purchase agreement permits cancellation. Create a dated evidence list showing the primary source, the fact it proves, every open condition and the person responsible for resolving it. Compare the commercial document with the immigration claim rather than treating either as a substitute for the other. Preserve records when events occur and explain changes directly. The reader must decide whether this evidence resolves the point now or whether a separate legal, commercial or personal step must happen first. E-2 requires capital irrevocably committed and subject to commercial risk in an enterprise that is not marginal, with investor development and direction.

02

Tie the payment record to those rights

Show deposits, acquisition money, rent and security amounts under their actual terms. An unresolved consent may affect commitment or operating plans, but the investment analysis depends on the full arrangement. Review any escrow and refund provisions rather than calling every conditional payment either qualifying or disqualifying. Keep evidence of available funds separate from evidence of their investment. Create a dated evidence list showing the primary source, the fact it proves, every open condition and the person responsible for resolving it. Compare the commercial document with the immigration claim rather than treating either as a substitute for the other. Preserve records when events occur and explain changes directly. The reader must decide whether this evidence resolves the point now or whether a separate legal, commercial or personal step must happen first. E-2 requires capital irrevocably committed and subject to commercial risk in an enterprise that is not marginal, with investor development and direction.

03

Return to the whole E-2 case

Treaty nationality, substantial at-risk commitment, development and direction, a real enterprise and nonmarginality still need support. Explain how the operating forecast reflects the occupancy timetable and its uncertainties. No universal lease duration or purchase amount guarantees approval. Before taking an irreversible commercial step, make the unresolved contract facts concrete enough for transaction and immigration review. Create a dated evidence list showing the primary source, the fact it proves, every open condition and the person responsible for resolving it. Compare the commercial document with the immigration claim rather than treating either as a substitute for the other. Preserve records when events occur and explain changes directly. The reader must decide whether this evidence resolves the point now or whether a separate legal, commercial or personal step must happen first. E-2 requires capital irrevocably committed and subject to commercial risk in an enterprise that is not marginal, with investor development and direction.

04

Check nationality and the funding chain

The enterprise generally must be at least 50% owned by nationals of the relevant treaty country. Trace the actual ownership chain and the lawful source and path of the investment capital. Applicant residence is not a substitute for nationality, and a bank receipt alone may not establish ownership or funding history. The applicant must develop and direct the real nonmarginal enterprise, with substantial capital committed at risk. E-2 has no universal minimum dollar amount; do not import the EB-5 ten-job rule. Create a dated evidence list showing the primary source, the fact it proves, every open condition and the person responsible for resolving it. Compare the commercial document with the immigration claim rather than treating either as a substitute for the other. Preserve records when events occur and explain changes directly. The reader must decide whether this evidence resolves the point now or whether a separate legal, commercial or personal step must happen first. E-2 requires capital irrevocably committed and subject to commercial risk in an enterprise that is not marginal, with investor development and direction.

SOURCE NOTES

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

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