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CHAMPLAIN · What the buyer will actually operate

Preparing the E-2 account for a business activity separated from a larger seller

USAvisa field guide · 2 minute read Reviewed 7 September 2026
THE SHORT ANSWER

A hypothetical Trois-Rivières buyer should distinguish the acquired operation from services and assets retained by the seller. The E-2 account must explain the buyer’s enterprise, not simply reproduce the seller’s consolidated success. Canada qualifies; funds must be irrevocably committed, at risk and substantial relative to the business; the investor ordinarily needs at least 50% ownership or operational control; an E spouse may work incident to status, but E-2 has no direct path to permanent residence. Hypothetical example: A Trois-Rivières buyer of a mobile bicycle-workshop business will receive vans and customer lists but not the seller’s booking staff. The decision is whether the purchased elements and funded replacements form the real enterprise the buyer will direct.

01

Reconcile the sale schedules and operating plan

Identify included staff, contracts, systems and rights, together with excluded items and temporary support. Explain the basis of any financial allocation. A reconstructed account should remain labelled as such, with its source and limitations; an unsupported standalone profit figure is not a solution to missing records. For this buyer, list every item needed for a first week of operations and match it to a sale schedule, replacement agreement or funded plan. This makes the concrete decision clear: close with a supported transition, renegotiate, or delay.

02

Trace the investment and treaty ownership

The enterprise generally needs at least 50% ownership by nationals of the relevant treaty country, and the applicant needs the qualifying nationality and ability to develop and direct it. Trace the lawful source and path of capital and its substantial commitment at risk. There is no universal E-2 minimum dollar amount; the actual business and investment conditions matter. Trace treaty ownership and each movement of capital in separate records. The file should show who will control the enterprise, why funds are committed and at risk, and which bank or contract record supports each link.

03

Assess the business after support expires

Explain how ordinary operations continue when seller services end. The enterprise must be real and nonmarginal under the applicable standard, including capacity for more than a minimal living for the investor and family or significant economic contribution. Temporary assistance should be documented as temporary, and material changes should be reflected in the investment account rather than concealed by the original forecast. Test the forecast at the date seller assistance ends. If dispatch, staffing or rights disappear then, state who replaces them and how the business remains nonmarginal; an unexamined transition is not a completed operating plan.

SOURCE NOTES

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

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