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MOUNT PEARL · E-2 FIELD GUIDE

How should a Mount Pearl buyer separate the E-2 investment from the other costs of buying a U.S. distributor?

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THE DIRECT ANSWER

Count only funds spent on or committed to the enterprise and personally at risk. Government fees, professional fees, relocation and personal living reserves are real costs but are not investment.

Keep the investment column clean

A purchase budget for a parts distributor contains several categories, and only one of them is the E-2 investment. The purchase price paid in cash, deposits committed to escrow conditioned on visa issuance, inventory purchased for the business, lease deposits and equipment are investment. Consular fees, the fee for Form I-129 if the investor is changing status inside the United States, and professional fees are application costs listed in the fee schedule and by advisers, not investment. Moving the household from Mount Pearl, temporary housing and a reserve for personal expenses are family costs. The seller note, as discussed elsewhere, is excluded because it is secured by the business. Present the investment column with documents behind each line and the other columns separately, so the officer is never asked to guess which figure the substantiality test applies to. A buyer who blends the columns to reach a larger total invites the officer to strip them apart with less generous assumptions. Confirm current government fees on the schedule before filing.

Hypothetical example: a Canadian kayak-rental operator is buying equipment, a booking system, and a seasonal lease. Make a ledger with one column for capital at risk and another for filing, household, and advisory costs. Signed invoices, the lease, and escrow instructions settle which business funds are committed. If a loan is secured by the purchased fleet or other enterprise assets, identify it separately rather than counting it as the investor's qualifying contribution. The proportionality analysis needs a transparent purchase-cost record.