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APPLICATION ANSWERS · E-2 FIELD GUIDE

Is there a fixed dollar amount that qualifies every Halifax E-2 investor?

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THE DIRECT ANSWER

No. Substantiality is assessed relative to the actual cost of the specific business, and nationality, control, commitment of funds and the enterprise's own operations must also be established.

Understand what the number is supposed to prove

Identify what the proposed investment actually covers and which expenses sit outside a headline purchase price. A larger payment does not repair an unresolved nationality question or a business that cannot show real, active operations.

A first review should trace ownership, nationality, funds, commitment terms, commercial purpose, and the investor’s proposed control. It should also identify whether the venture can support more than the investor’s personal needs. Hypothetical example: a bicycle-repair franchise buyer has paid a deposit that can be returned at will and calls the whole purchase price invested. The buyer must decide whether the contractual terms actually place capital at commercial risk before relying on the transaction. E-2 capital must be committed beyond the investor’s unfettered control and exposed to loss; the investor must personally direct operations at a real operating business that is not marginal.

The resulting file should distinguish a binding commercial outlay from money merely available for a later decision.