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LÉVIS · FUNDING THE ENTERPRISE

What secures the loan: the question that changes a Lévis E-2 investment figure

USAvisa field guide · 3 minute read Reviewed 7 September 2026

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THE SHORT ANSWER

The E-2 test asks whether the investor's own money is at risk in the enterprise. Money borrowed against the investor's personal assets counts as the investor's; money borrowed against the U.S. business's own assets generally does not, because the risk sits with the business rather than the person. A Lévis buyer financing part of a purchase should therefore know what secures each dollar before the qualifying amount is calculated, and should have the path of funds documented from source to escrow.

01

Separate the loans by what they are secured on

Hypothetical example: a Lévis sheet-metal fabricator buys a U.S. powder-coating business for a price he finances three ways: savings, a line of credit secured on his Lévis home, and a seller note secured on the coating line itself. The savings and the home-secured borrowing are his funds at risk, because if the business fails he still owes the bank and could lose the house. The seller note secured on the equipment is different: if the business fails, the seller takes the equipment, and the buyer's personal exposure is limited. Counsel will generally exclude or discount that third source, so the qualifying figure is smaller than the purchase price, and substantiality is measured on the smaller number.

02

Document the path from source to escrow without gaps

For each dollar, show where it originated and how it arrived. Savings need statements going back far enough to show accumulation from salary or from a documented event. A home-equity line needs the loan agreement, the security registration and the advance into the account that then funds the escrow. Currency conversion should be shown with the exchange confirmation. Hypothetical example: the fabricator's savings include proceeds from selling a rental duplex in Lévis three years earlier; the notarial deed of sale and the deposit of proceeds close that gap. A balance alone tells the officer the money is present, not that it is lawfully his.

03

Commit the money before the interview, but conditionally

The funds must be irrevocably committed on the investor's side by the time of the consular interview. The usual structure is a purchase agreement whose only outstanding condition is visa issuance, with the price held in escrow and released to the seller on issuance or returned to the buyer on refusal. Equipment deposits, lease deposits and inventory paid for in advance can also show commitment. What does not show commitment is money in a Lévis account with an intention to transfer it later. Read the escrow instructions for who can cancel and on what trigger, and have the transaction lawyer and the immigration adviser see the same draft before signature.

SOURCE NOTES

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

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