IN THIS GUIDE · Borrowed money, and the security that decides whether it counts
Start with the E-2 eligibility and application overview
Separate personal liability from security over the business
Money the investor is personally liable to repay, borrowed against personal assets they already own, generally represents their own capital placed at risk. Money borrowed against the assets of the enterprise being acquired is treated differently, because the risk sits with the business rather than with the investor. A line of credit secured by a Coalhurst house is on one side of that line; a loan secured by the shop's equipment and receivables is on the other. Get the loan documents and read what the security actually covers.
Show that the funds have left the investor's control
At risk means subject to partial or total loss if the business fails. Funds sitting in a personal account, or held in an arrangement the buyer can unwind at will, are not committed. Document the transfer into the transaction, the conditions under which anything could return, and the point at which the commitment became irrevocable. Where escrow is used, the conditions written into the agreement determine the treatment, so the agreement should be drafted with that in mind rather than adjusted later.
Price the enterprise before arguing the amount is substantial
Substantiality is a proportion, not a threshold. Establish the total cost of acquiring this shop or building an equivalent one: purchase price, lifts and diagnostic equipment, tire inventory, tooling, the lease deposit and the working capital needed before receipts arrive. Then show what proportion of that total the couple have committed. Keep the seller's asset list, appraisals and quotations, because the denominator has to be evidenced just as carefully as the investment itself.
Answer marginality with the shop's actual trading record
The enterprise must have the present or future capacity to generate more than a minimal living for the investors and their family, or otherwise contribute significantly. An operating shop with existing technicians and a fleet-service book provides real evidence: revenue by customer, the technician payroll, the equipment utilisation. Build projections from that record rather than from a hoped-for expansion, and show the owners' expected income against the household's needs.
Assess treaty ownership and direction of the relevant enterprise
At least 50% relevant treaty-national ownership, qualifying applicant nationality and development and direction remain necessary. An applicant must be coming to develop and direct the enterprise, which is ordinarily shown by owning at least fifty percent or by operational control through a managerial position or other device. Substantiality is judged against the cost of the particular United States enterprise; there is no universal minimum figure and no ten-job rule.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.