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FOR ENTREPRENEURS · NEW MARYLANDNew Maryland

Your ambition.Your enterprise.

Hypothetical example: a New Maryland couple, one an early-childhood educator and the other a bookkeeper, plan to buy a licensed childcare centre in a U.S. city with fourteen staff and a waiting list. E-2 requires that the investor and the enterprise's ownership hold treaty-country nationality, which Canadian citizens satisfy; that the funds be irrevocably committed and at risk; that the investment be substantial relative to the business; that the enterprise be real, operating and not marginal; and that the investor develop and direct it, ordinarily through at least fifty percent ownership or operational control. A spouse in E-2 dependant status is work-authorized incident to that status. E-2 does not provide a direct path to permanent residence. This page orders the purchase, the state licence transfer and the application so that none of them is done too early. The initial review should trace every dollar from its lawful source through the account, agreement, and business expenditure that put it beyond the investor's personal use. The funds must be committed beyond recall and exposed to the enterprise's commercial risk; a real venture cannot be marginal, meaning its present or projected results must exceed mere household support. The investor must also direct and develop the enterprise, so the operating plan should show who makes the consequential decisions.

Talk about E-2
PurposeDevelop and direct a business
InvestmentSubstantial and at risk
Fixed minimumNo universal dollar threshold

IN THIS GUIDE · Sequence the purchase of a licensed childcare centre so the money and the licence line up with the E-2 application

Start with the E-2 eligibility and application overview

01

Step one: confirm the licence can transfer to a new owner

Hypothetical example: the state childcare licensing agency requires a new licence application by the buyer, with background checks and an inspection, before the centre may operate under new ownership. If the licence cannot be transferred, the enterprise the couple would own is not operating on day one. Ask the agency in writing what a change of ownership requires and how long it takes, and build that into the purchase agreement as a condition. A licence condition, franchise approval, or landlord consent may decide whether an apparent purchase is usable at all. Put those conditions in the timeline and obtain records showing exactly when the buyer can lawfully operate.

02

Step two: sign an agreement that commits the funds without stranding them

The purchase agreement should place the price in escrow, release it to the seller on E-2 approval and licence issuance, and bind the buyer to close once both occur. Funds that the buyer can withdraw at will are not at risk; funds released only on approval are committed but protected. Document the lawful source: the sale of the couple's New Maryland home and savings from two salaries, with closing statements and bank records. Escrow terms should say what happens if the application is refused and what money remains genuinely exposed before that decision. A reversible promise to invest is not equivalent to an actual commercial commitment.

03

Step three: measure the investment and the business

The invested amount is compared with the cost of buying the centre, including goodwill, equipment and working capital. With fourteen employees and existing enrolment, the enterprise is plainly more than marginal, but the business plan should still show the staffing and the couple's roles. Loans secured by the centre's own assets do not count as the investor's funds at risk; loans secured by the couple's personal assets can. Price, inventory, equipment, deposits, professional fees, and launch costs need a source record and a business purpose. Comparing them against that enterprise's full cost gives a more useful analysis than looking for a universal dollar figure.

04

Step four: show who directs, then apply

The educator will be the licensed director and the bookkeeper will manage finances; together they will own all of the shares. Record that in the operating agreement. Apply at the consulate with the escrow in place, then close and take over the licence after approval. The E-2 spouse is employment-authorized incident to status, so both may work in the centre or elsewhere. The plan should allocate authority among the owners and identify the first hiring, marketing, and compliance decisions. A passive investor narrative is difficult to reconcile with an application based on personal development and direction.

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E-2 · NEW MARYLAND

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