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L’ANSE-SAINT-JEAN · E-2 FIELD GUIDE

Should a L’Anse-Saint-Jean investor ask customers to sign a stronger letter than they genuinely intend?

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THE DIRECT ANSWER

The record should accurately describe the customer’s actual position.

Preserve truthful commercial evidence

Clarify ambiguities with the customer without inventing orders, quantities or commitments. A conditional expression of interest can be described honestly rather than rewritten as an executed sales contract.

Ask customers to confirm only facts they can honestly support: what was discussed, present interest, unresolved conditions, and whether an order binds. Preserve the original correspondence and avoid coaching language that converts a possibility into a commitment. The broader E-2 file should trace lawful funds into expenditures or enforceable commitments showing that capital is irrevocably committed and at risk. It should also document treaty nationality, at least 50 percent ownership or other operational control, a substantial investment, and a real nonmarginal enterprise. The common mistake is strengthening one letter while weakening the application’s credibility. Because E-2 provides no direct green-card route, documents should not promise permanent residence through the investment.

Hypothetical example: A L’Anse-Saint-Jean software consultant preparing to purchase a small U.S. cybersecurity practice asks a potential customer to guarantee annual work. The customer will only consider a pilot after the acquisition. Her letter should say exactly that. The buyer can instead substantiate the case with her purchase agreement, escrow terms, bank trail, ownership records, operating plan, existing contracts, and realistic projections. Truthful conditional interest can support context, while invented certainty may conflict with later emails and distract from whether her Canadian nationality, control, committed funds, and enterprise satisfy E-2 requirements.