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OSLER · DECISION WORKSHEET

Osler E-2 guide: annotate the funding total with actual commitments

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

A single balance can include freely retained money, household reserves and funds already obligated to the enterprise. Explain those components before presenting the total as investment evidence. A first review should convert the claimed total into a ledger showing source, account, recipient, date, security, and refund terms for each amount. The reader must decide whether a sum is available cash, a binding business commitment, or an expenditure already exposed to loss; only the records can resolve a hopeful budget description.

01

Identify the legal and practical position of each amount

Use genuine agreements and transfers to show completed payments and binding commitments. Hypothetical example: equipment appears in a forecast but remains only a quote. Mark that distinction instead of treating the planned cost as money already invested. Hypothetical example: a conservator plans a custom picture-framing studio and places equipment in a budget at the supplier’s quoted price. Until a binding order and the actual payment terms exist, the quote is planning evidence rather than proof of committed capital. The decision is whether to bind funds before relying on them in the application.

02

Preserve the applicable capital conditions

Substantial lawful funds must be genuinely committed and at risk, with source and path explained. Enterprise-secured debt is not qualifying capital; other financing requires its actual terms assessed. Properly structured visa-contingent escrow may be relevant, without making every conditional arrangement acceptable. Trace lawful source and path with the same care as commitment. E-2 capital must be substantial for the enterprise, irrevocably committed and at risk; enterprise-secured debt is not the investor’s qualifying capital. Review the security agreement and escrow instructions before counting borrowed or conditionally held funds.

03

Keep the enterprise and permission questions complete

Treaty nationality, relevant ownership, development and direction and a real nonmarginal business remain necessary. No universal dollar floor replaces those tests. A target account balance, purchase closing or internal budget approval does not itself grant U.S. work authorization. Then test the real operating proposal: treaty nationality, qualifying ownership, the investor’s ability to develop and direct, and a nonmarginal enterprise all remain necessary. Decide whether the operating plan supports those conditions before treating a purchase closing as an immigration milestone; a closed purchase alone does not authorize work.

SOURCE NOTES

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

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