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HARRISON HOT SPRINGS · E-2 FIELD GUIDE

Should the Harrison Hot Springs couple count the inn's working capital and renovation budget as part of the E-2 investment?

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THE DIRECT ANSWER

Only amounts actually committed. Working capital deposited in the inn's account and renovation contracts signed with deposits paid are investment; a budget line for future renovations is not. The purchase price in escrow counts once the escrow is irrevocable subject to approval.

Committed and at risk, item by item

E-2 counts funds that have been placed at risk in the enterprise or irrevocably committed to it. For an inn purchase, the price held in escrow under a visa-contingent agreement counts because the couple cannot recover it at will. Working capital counts once it has been transferred into the U.S.

entity's operating account, because it is then exposed to the business's fortunes. A renovation of the restaurant counts to the extent contracts have been signed and deposits paid; a projection that the couple will spend a further sum next year is a plan, not an investment. Keep each item's documentation—escrow agreement, bank transfer, signed contract and receipt—so the total presented is a total the officer can verify.

Separately, the consular application fee for E-2, or the USCIS Form I-129 fee if applying for a change of status inside the United States, follows the official schedules and is not part of the investment; neither is refunded on refusal. Begin with a line-by-line uses-of-funds schedule that reconciles the contract price, deposits, equipment invoices, opening inventory, and working capital to bank evidence. The first review should label every amount as paid, committed under a binding obligation, or still available; only then can the proportionality discussion be credible.

Hypothetical example: A Canadian mobile-crane inspection business buys a U.S. testing shop and lists a future vehicle purchase as investment. A signed purchase order with a deposit and wire record is stronger than an unsigned dealer quotation, which may show only an intention to spend later.