Read the operating right alongside the sale
Identify whether the lease can be assigned, whether a new lease is contemplated and which conditions remain unresolved. Explain the consequences for the proposed opening, equipment and customer access. The seller’s assurance about the landlord is not the same evidence as an executed agreement. These are transaction facts to review; no particular lease term automatically decides E-2 eligibility. Create a dated fact table. Match every claim to a primary record, the person able to confirm it and any contrary detail needing explanation. This reveals missing duties, ownership restrictions, funding limits or qualification gaps before a support letter is drafted. The decision is whether the arrangement can be described truthfully now or needs a change before filing. Preserve this table so a later reviewer can compare new facts with the original position.
Assess the investment and enterprise together
The investor must be a national of an E-2 treaty country; Canada qualifies, and the enterprise must have the treaty nationality through qualifying ownership. The funds must be irrevocably committed and at risk, substantial relative to the business, and placed in a real, active, operating enterprise that is not marginal. The investor must develop and direct the enterprise, ordinarily through at least 50% ownership or operational control. E-2 provides no direct path to permanent residence. Compare formation records, contracts, payroll, invoices, leases, bank material and project plans for consistent names, dates, amounts and responsibilities. If a forecast depends on a condition, say what happens if it fails. This identifies which commitment is safe now and which should remain conditional. It prevents a later filing from relying on a business scenario that the signed documents do not support and makes the controlling record easy to find.
Explain conditions without oversimplifying them
List deposits, escrow, consent conditions and cancellation rights accurately. Some properly structured visa-contingent escrow arrangements can be relevant; not every refundable payment qualifies and not every conditional arrangement is automatically excluded. Counsel should assess the actual terms and evidence. Keep money merely available for a possible acquisition distinct from money committed under the transaction. Keep separate calendars for business events and immigration events. Mark records required before filing, dates relevant to later extensions or interviews and changes requiring an explanation. A desired launch date cannot cure an incomplete criterion. Decide whether the evidence is stable enough to proceed, whether missing proof warrants delay, or whether the commercial timetable must change. Assign every outstanding item to a person and revisit the sequence whenever an agreement moves.
Establish treaty ownership and lawful funding
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. Use a decision ledger for government charges, commercial obligations, professional services, refundable payments and household costs. Record payee, due date, return terms and what each amount proves. High spending may be commercially sensible yet irrelevant to eligibility. The decision is whether to spend now, make a commitment conditional or wait for a missing fact. This separation prevents unrelated amounts from being used as a substitute for evidence.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.