IN THIS GUIDE · Ask the lawyer whether a Sainte-Brigitte-de-Laval contractor will really control the U.S. business being bought
Start with the E-2 eligibility and application overview
Read the operating agreement for control, not just percentages
Hypothetical example: a Sainte-Brigitte-de-Laval general contractor agrees to buy sixty percent of a U.S. home-renovation company, with the founder keeping forty percent and a management role. Majority ownership ordinarily satisfies the develop-and-direct requirement, but an operating agreement that requires unanimous consent for hiring, borrowing or spending above a low threshold can hand the minority partner a veto that undermines it. Ask counsel to read the agreement for those clauses before the price is agreed.
Make sure the investment is the buyer's own risk
Capital counts when it belongs to the investor or is borrowed on personal security; a loan secured on the business's own assets does not. Funds must be committed before the application: transferred, or held in escrow releasable only on visa issuance. A signed letter of intent with a refundable deposit shows interest, not investment.
Check the business can operate lawfully under the buyer
Many trades require a state contractor's licence held by a qualifying individual. If the licence is currently held by the seller, the enterprise may be unable to operate lawfully once the seller leaves, which affects whether it is a real, operating business under the buyer's direction. Establish who will hold the licence and on what timeline.
Test the marginality and family questions early
The business must have the present or future capacity to generate more than a living for the investor's family or to make a significant economic contribution, usually through U.S. employees. Assemble the seller's payroll history and a hiring plan. E-2 spouses are employment-authorized incident to status; children may study, cannot work, and lose status at 21.
Funds, escrow and revocation need fact-specific review
Funds must be genuinely committed and exposed to commercial loss, so deposits, escrow terms, refund rights and revocation clauses require fact-specific review rather than a blanket assumption. Money the applicant can still take back at will is not committed, but 9 FAM 402.9-6(B) accepts a purchase conditioned on issuance of the E-2 visa as a solid, irrevocable commitment where the assets are held in escrow for release once that condition is met. If financing is involved, describe the collateral, including whether the investor is personally liable and whether enterprise assets secure the borrowing.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.