IN THIS GUIDE · The purchase agreement and the escrow letter decide whether money is at risk
Start with the E-2 eligibility and application overview
Make the commitment irrevocable but conditional
E-2 requires that funds be irrevocably committed and at risk, yet an applicant is not expected to lose everything if the visa is refused. The accepted mechanism is a signed purchase agreement with the full price deposited in escrow, released to the seller only on E-2 approval. The agreement must bind Dwayne to complete if approved; an option or a letter of intent does not. The escrow letter should show the funds are outside his control and the sole condition of release is visa issuance. Start with a closing ledger that labels purchase price, equipment, inventory, working capital, professional costs, and funds still under Dwayne’s control. An initial ledger review should distinguish binding payments from proposals. That distinction matters when showing that capital is committed to the enterprise rather than reserved for a future decision.
Prove the money is his and where it came from
The source-of-funds file traces the purchase price to its origin. For Dwayne that means the sale agreement for his Logan Lake shop, the closing statement, bank records showing the proceeds arriving, and tax returns for the years the business was built. If part of the price is a loan, it must not be secured by the assets of the U.S. business being bought; a loan secured by his Canadian home is acceptable capital. Gifts need a gift letter and the donor's own source records. Test the plan against actual trading assumptions: opening date, sales channels, staffing sequence, rent, and cash needed to keep operating. A forecast should explain why income can exceed support for the household alone or show the enterprise’s economic contribution. Unsupported optimism is not a decision-ready business plan.
Show a real, operating, non-marginal shop
The target must be an active business at the time of application, not a shell or an idle premises. Attach its financial statements, customer contracts with the mine or its contractors, payroll for existing mechanics and the lease or title. Marginality is assessed by whether the shop will produce more than a living for Dwayne's family, usually shown by employing U.S. workers now or within five years. A shop that already has four mechanics on payroll answers this well. The records should show a continuous chain, not merely a large balance. Sale documents, tax filings, banking histories, plus escrow confirmations answer different links in the chain. Reconcile dates and amounts before submission; a transfer that appears before its claimed source can create a question that takes months to untangle.
Own and direct it as a Canadian national
At least half of the U.S. enterprise must be owned by Canadian nationals for it to have treaty nationality, and Dwayne must develop and direct it. Sole ownership satisfies both. If he takes a U.S. partner, the ownership split must be documented and his control shown through the operating agreement. E-2 has no direct path to permanent residence; renewals continue while the business qualifies. His wife would be employment-authorized incident to E-2 status. Choose the commercial risk deliberately. A buyer may prefer an escrow condition tied to immigration approval, while a seller may demand an earlier closing. Neither preference settles eligibility by itself. The written agreement must show exactly when control changes and what happens if the application does not succeed.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.