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Cambridge E-2 guide: read control and release terms after money moves

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

A transferred balance can still be subject to different forms of control. Identify the actual commercial commitment rather than treating the fact of movement as the complete investment test.

01

Explain access to the funds

Hypothetical example: money is placed in an account for a contemplated acquisition. Identify whether it remains freely withdrawable and what binding obligations exist. A business account name does not itself establish capital at risk.

02

Assess genuine transaction conditions

Properly structured visa-contingent escrow may be relevant. Distinguish it from a loose intention to buy or funds merely reserved. There is no universal fixed E-2 minimum, and a conditional document does not automatically satisfy the commitment requirement.

03

Preserve the enterprise conditions

The investor needs treaty nationality and development and direction, with generally at least 50% relevant treaty-national enterprise ownership. Assess lawful source and path, substantial capital, real operation and nonmarginality. Enterprise-secured borrowing is not qualifying investment capital; other financing requires its actual source and security analysis. Adding personal collateral does not make a loan secured by enterprise assets qualifying capital.

SOURCE NOTES

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

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