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HALIFAX · INVESTMENT TERMS

Test the actual commitment before calling funds an E-2 investment

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

A funding balance, a loan approval and a signed purchase agreement can represent very different stages of a transaction. Map the real conditions attached to a proposed purchase before deciding what the money actually establishes, and review the investment and the enterprise together, with nationality and control kept clearly visible. The decisive question is whether the transaction has moved from available money to commercial capital exposed to loss in a real, non-marginal enterprise. Hypothetical example: a small-batch soap manufacturer pays for packaging equipment but can cancel the lease and recover the deposit without consequence. The buyer must decide which obligations are actually binding before presenting the total as committed capital. Treaty nationality, enterprise nationality, the investor’s role in developing and directing the business, and the commercial terms must all be examined together.

01

Identify what happens if a condition fails

Hypothetical example: a Halifax buyer's purchase depends on both an immigration outcome and a separate financing approval. Read every trigger for payment, release or cancellation in the actual agreement, and confirm the transaction and immigration timelines with each other before treating any funds as irreversible. Diagram the deal from source funds through escrow or seller to business assets. Mark each condition, refund right, lender security interest, and release event. This turns a headline price into an auditable commitment analysis.

02

Trace the source of funds and identify any security

Show where the money originates and how it would reach the enterprise, and identify the borrower and any collateral if financing is involved, since personal unsecured borrowing and borrowing secured against enterprise assets are treated differently. Mark any proposed but not yet completed transfer clearly rather than presenting it as already done. Separate business expenditures from relocation and advisory expenses. The distinction helps the investor decide what supports the enterprise and what merely accompanies the move.

03

Explain the enterprise, not just the purchase price

Describe what the business actually does, who operates it, and how the applicant would develop and direct it, since substantiality is judged relative to the specific business and non-marginality is a separate requirement. A supported forecast can help explain the proposal, but it does not itself guarantee commercial success or immigration approval. Pressure-test the operating forecast. The plan should make a concrete decision about staffing, revenue, and the investor’s role, while showing why the enterprise can produce more than personal support over time.

SOURCE NOTES

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

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