Read the general investor planning overview
Hypothetical example: a Paradise couple plans to build a U.S. self-storage facility with their savings and treat it as their business. Each principal investor must have treaty-country nationality, and at least half of the enterprise must be owned by nationals of that same treaty country; Canadian citizenship qualifies. E-2 also requires an active, non-marginal commercial enterprise that the investor develops and directs. A storage facility can qualify if the couple operate it as a business and their capital is irrevocably committed, substantial relative to its cost and genuinely at risk. Passive ownership of property or income without operation does not qualify.
Draw the line between an active business and a passive holding
In the hypothetical above, the couple's first draft plan had a management company running the facility while they lived off the rent. That is passive investment and does not qualify, because the investor must develop and direct the enterprise. A qualifying version has the couple managing the facility: hiring and supervising site staff, setting pricing, marketing to local customers, handling collections and maintenance, and growing the business with additional units or services such as vehicle storage and packing supplies. The operating plan should describe those functions with the investor's name against them, and the staffing plan should show employees beyond the couple so the business is not marginal. Owning the land is fine; the enterprise is the operation on it.
Commit the capital in stages that are still irrevocable
A build-out involves land purchase, construction and fit-out, and much of the money is spent before the facility opens. The investor must have committed the funds irrevocably before applying, which can be shown by the land purchase completed, construction contracts signed with deposits paid, equipment and security systems ordered, and remaining funds held in the enterprise's account earmarked under signed contracts. Money still sitting in a Paradise savings account with an intention to spend it is not committed. Where the couple want protection against a refusal, an escrow released only on visa issuance is accepted for a purchase, but construction draws already made cannot be recovered, so the timing of the application relative to the build should be planned with that in mind. Trace every dollar from savings to spend.
Prove substantiality and the road past marginality
The substantiality test compares the investor's committed capital with the total cost of establishing the facility; a couple funding most of a build from their own at-risk money is well placed, while a build financed mainly by a construction loan secured on the facility is not, because that loan is not their risk. Marginality is judged by whether the enterprise will do more than support the family, shown by a plan with employees and revenue projections tied to local demand and phased capacity. Include a five-year projection, the hiring schedule and evidence of the couple's management experience; the E-2 spouse's work authorization means one of them can also earn outside the business during the build. E-2 offers no direct path to permanent residence, and children age out of dependant status at 21, both of which belong in the plan.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.