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WILMOT · INVESTMENT TERMS

Identify which stage of the transaction the funds are actually at

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

An available balance, an approved loan, and a signed purchase agreement can each describe a different stage of the same transaction. Map the actual proposed commitment and its specific conditions before drawing any conclusion about what the E-2 record shows. The investment and the operating enterprise need to be examined together, with nationality and real control kept visible throughout.

01

Ask what happens if a condition in the deal is not met

Hypothetical example: a purchase agreement is contingent on both an immigration outcome and a separate financing condition. Read each trigger for payment, release, or cancellation carefully. A described escrow arrangement can be relevant, but its label alone does not establish that the actual terms meet the applicable requirements; coordinate transactional and immigration review before any funds become irreversible.

02

Trace the source of the funds and identify any security

Show exactly where the funds originate and how they would move to the enterprise. For any borrowing, identify the actual borrower and any collateral rather than treating all loans the same way, since personal unsecured borrowing and enterprise-asset-secured borrowing are analyzed differently. Keep a proposed drawdown clearly distinct from a transfer that has actually occurred, and flag missing records rather than smoothing over an incomplete funding history. Debt secured by assets of the enterprise does not count as E-2 invested capital, even if personal assets also secure it. Borrowing secured only by personal assets, or unsecured personal borrowing, may qualify subject to the other investment conditions.

03

Explain the enterprise beyond its purchase price

Describe what customers would actually buy, who would provide it, and how the applicant would develop and direct the operation day to day. Substantiality is assessed relative to the specific business, and non-marginality is a separate requirement that also needs to be addressed. A supported forecast can help explain a proposal, but it does not guarantee commercial success, and another applicant's investment amount should never be used as a substitute for reviewing this particular enterprise.

SOURCE NOTES

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

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