Enterprise-asset-secured debt does not count as the investor’s qualifying investment. Personally secured or unsecured borrowing may qualify under applicable rules.
Read the security agreement rather than the label
Identify every asset pledged and the actual funding use. Calling the borrower an individual does not erase enterprise collateral or establish the qualifying amount. Map each proposed dollar to its lawful origin, transfer path, current use and risk-bearing document.
Then separately examine treaty nationality, ownership and the investor’s right to develop and direct the business. E-2 requires capital that is committed and exposed to loss in a real, nonmarginal enterprise. Hypothetical example: a biodegradable-packaging founder pledges equipment as loan security while calling the borrowing personal.
The security agreement, purchase documents and bank records reveal whether enterprise assets carry the risk. A personal label cannot change the collateral. The first review should identify missing links before money is moved again, because later explanations are weaker than contemporaneous records.
Finish with a schedule showing which document proves source, ownership, commitment, risk and operating control. That schedule exposes a gap before the investor relies on a label or a payment that does not satisfy every condition.