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NIAGARA FALLS · E-2 FIELD GUIDE

Does visiting the enterprise often establish development and direction?

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THE DIRECT ANSWER

No. Explain actual authority and responsibilities. Frequent visits can be context but do not replace the principal’s qualifying role.

Describe what the investor decides

Identify genuine management powers and operating involvement. Do not assume physical presence or a bank mandate answers every control question.

The regulation instead asks whether the enterprise has the present or future capacity to produce more than a minimal living for the investor and family, and it allows future capacity to be shown where it is likely to be reached within five years. Corinne's Canadian citizenship settles the nationality of the investor, but the enterprise must also be majority owned by treaty nationals, which the proposed equal split with an American partner would defeat. The elements remain nationality, ownership of at least fifty percent by treaty nationals, substantial capital genuinely committed and at risk, a real operating commercial enterprise, non-marginality, and a develop-and-direct role. What matters is whether the enterprise is real and operating or credibly ready to launch, whether the capital is substantial and genuinely at risk, and whether projections built on the remaining customers still support non-marginality. The investor must also develop and direct the enterprise, which at half ownership is normally accepted, though a deadlocked structure with no decision-making mechanism invites questions worth avoiding.