Skip to content
VALEMOUNT · E-2 FIELD GUIDE

Does the business’s old trading history establish that the proposed restart qualifies for E-2?

Sources checked:

THE DIRECT ANSWER

Not by itself. Assess the actual enterprise, investment and operating capacity now proposed. Historical activity is evidence of the past, not automatic proof of current conditions.

Explain what will genuinely resume or change

Identify the investor’s real rights and resources. Do not describe former employees, customers or sales as current merely because they appeared in the seller’s history.

What a reviewer looks for is loss exposure: a purchase agreement binding without further conditions, funds released from the buyer's control, equipment ordered and paid for, a premises lease creating enforceable obligations, and payments that would not come back if the business failed. Separately document Canadian citizenship rather than permanent residence, at least 50 percent treaty-national enterprise ownership, development and direction through ownership or operational control, and an irrevocably committed at-risk investment. The classification for employees requires that the enterprise be at least fifty percent owned by treaty-country nationals, that the employee share that nationality, and that the position be executive or supervisory, or require special qualifications essential to the enterprise. The capital must be irrevocably committed and at risk in the U.S. enterprise, so intercompany arrangements that leave funds recoverable, or that route money as a fee rather than a commitment, have not met it however substantial the group's overall resources.