IN THIS GUIDE · Nationality of the enterprise when a United States partner holds equity
Start with the E-2 eligibility and application overview
At least half the ownership must be held by treaty nationals
The enterprise takes its nationality from the citizenship of those who own it, and at least fifty percent must be held by nationals of the treaty country who are not lawful permanent residents of the United States. That last point catches people: a Canadian citizen who has become a United States permanent resident does not count toward the treaty-national share. If Marta's partner is a United States citizen or a green card holder, his equity does not support the requirement, so a fifty-fifty split leaves the enterprise exactly at the line and any drift below it is fatal. The ownership should be documented precisely rather than described as roughly equal.
Develop and direct is about control, not effort
The investor must develop and direct the enterprise, ordinarily demonstrated by owning at least half of it or by having operational control through a managerial position or another device. Working hard in the business is not the test. A shareholders' agreement that gives the resident partner veto rights over budgets, hiring or capital expenditure can leave Marta without the control the requirement expects, even at an equal split. The agreement is therefore an immigration document as much as a commercial one, and reserved matters, board composition, deadlock provisions and any drag or tag rights should be reviewed before signature rather than after.
The capital must be hers, traced and at risk
Funds must be irrevocably committed to the enterprise and subject to partial or total loss if it fails. Money still under her control has not been committed, and money contributed by the partner supports his position rather than hers. The trail runs from how she lawfully accumulated the funds, through the Barriere business's records and the sale of any equipment, to bank transfers and the enterprise's own accounts. Expenditure already made on premises, processing equipment, licensing and staff demonstrates commitment because it cannot be reversed, and those invoices are usually stronger evidence than a balance sheet. A separate expenditure schedule should distinguish money already bound to the venture from money merely reserved for it. The investor should preserve the contract, proof of payment, and receiving-business record for each line. That sequence makes it possible to see both the lawful path of the funds and whether an expenditure is exposed to loss if the enterprise does not succeed.
Real, operating and not marginal
The enterprise must be an active commercial undertaking producing goods or services for profit, not a passive holding of land or equipment, and it must have the present or future capacity to generate more than a minimal living for the investor and family. For an agricultural processing operation the seasonality should be presented honestly on an annual basis, with realistic throughput, contracted or prospective buyers, and a hiring plan that the projected revenue supports. A projection reaching capacity within about five years is the ordinary way to show future capacity, and it should be built from the operation's own economics rather than from industry averages.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.