If the final supply terms differ from the proposal, update the operating and funding explanations that depended on the earlier version. An immigration file should not retain an exclusive territory, credit facility or price that the business no longer has. Explain both the current rights and the resulting business plan. The practical decision is whether the revised supplier deal leaves enough binding, at-risk commitment for the real business plan. Hypothetical example: a maker of adaptive bicycle components loses a supplier’s 60-day credit term and must pay before shipment. The investor should revise the working-capital schedule and identify what money is now genuinely committed rather than preserving a forecast based on the old credit arrangement.
Identify the commercial assumption that changed
Hypothetical example: the initial plan relies on supplier credit, but the signed agreement requires payment before shipment. Document the final obligation and what it means for inventory and working capital. Keep the earlier proposal for context, clearly marked as superseded. Do not simply increase forecast sales to offset the changed funding need. Preserve both versions of the supplier proposal, clearly label the signed version as operative, and list the changed price, payment date, territory, termination right, and inventory obligation. That record explains why the investment plan changed.
Reconcile the commitment with the operating proposal
Explain funds actually committed at risk, amounts still optional and the lawful source and path. E-2 substantiality is assessed relative to the real enterprise, with no universal minimum. Treaty nationality, a real operating non-marginal business and the investor’s development and direction remain necessary; a signed supply contract does not by itself establish them. Recalculate the business using actual contractual terms. The decision is whether the revised arrangement still supports a real, non-marginal enterprise with substantial capital committed at commercial risk, rather than whether a presentation can be made to look unchanged.
Separate the commercial response from the immigration conclusion
Review price, supply reliability and termination risks with the appropriate commercial adviser. Have the resulting facts assessed for immigration purposes. If payments or escrow terms change, document their actual effect rather than assuming every refundable payment qualifies or every conditional arrangement is excluded. Preserve a dated explanation so later evidence can be understood. Trace any extra funds from lawful source through the business account and into a binding obligation. If an owner can reclaim the money without meaningful consequence, identify that limitation candidly instead of describing it as deployed investment.
Check nationality and the funding chain
Confirm who owns each tier of the enterprise and whether treaty-country nationals hold at least half of it. Then document where the investor’s capital originated, how it moved, and who has authority over it. Residence in Canada cannot establish treaty nationality, and a transfer receipt proves movement rather than the ownership history. The investor must still develop and direct a real, operating, non-marginal enterprise using substantial capital that is committed and at risk. E-2 does not impose EB-5’s ten-job rule or a universal dollar floor.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.