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NOTRE-DAME-DU-MONT-CARMEL · E-2 FIELD GUIDE

Should a Notre-Dame-du-Mont-Carmel contractor use franchisor financing for the van and equipment, and does borrowed money count toward E-2?

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THE DIRECT ANSWER

Borrowed funds count only if the buyer is personally liable and the loan is not secured on the franchise's own assets. Financing secured by the van or the business does not count, so it reduces the investment shown rather than increasing it.

Personal liability is what turns a loan into investment

The Foreign Affairs Manual allows loans to be counted as invested capital when the investor is personally and primarily liable, for example a loan secured on the buyer's Canadian house or unsecured on his personal credit. It excludes loans secured by the assets of the enterprise itself, because the investor's own funds are not at risk in that case. Franchisor equipment financing is commonly secured on the equipment, which means the van bought that way adds nothing to the investment total and may lead an officer to ask what the buyer has actually risked.

If financing is needed, structure it as a personal obligation and document it. Separate three budgets: the investment at risk, the reserve the buyer keeps for living costs, and the process costs, which are the consular application fee from the State Department schedule, professional fees and translation. Any USCIS change-of-status fee comes from the G-1055 schedule.

A larger loan does not cure a thin investment.