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SAINT-AMBROISE · E-2 FIELD GUIDE

From Saint-Ambroise, does buying the equipment first establish control of the whole E-2 enterprise?

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THE DIRECT ANSWER

Examine the actual rights acquired rather than assume asset ownership includes enterprise control.

Read the present ownership and authority terms

Treaty enterprise nationality and the applicant’s ability to develop and direct remain separate requirements. A later share transfer should be identified as pending if it has not taken effect.

Separate asset title from enterprise control. Review the sale terms, voting rights, closing conditions, and who actually holds authority over accounts, contracts, hiring, and operations right now. E-2 requires treaty-country nationality — Canadian permanent residence alone does not establish it — and the enterprise itself must carry qualifying treaty ownership, with the investor positioned to develop and direct it through at least 50 percent ownership or genuine operational control. Separately, the invested money must come from a lawful source, be sized to this business, sit beyond recall, be genuinely exposed to loss, and support an operation that does more than marginally support the investor. Buying machinery may help show investment, but it cannot substitute for control that still sits with the seller. E-2 offers no direct route to a green card. The usual error is describing future voting rights as though already exercised.

Hypothetical example: A Saint-Ambroise woodworking-equipment dealer pays for lathes ahead of a planned purchase of a US rental company's shares, while the seller still controls its contracts and accounts until closing. She records the machinery transfer as the one completed commitment and marks the share purchase as pending. Her citizenship, funding trail, at-risk amount, and non-marginal business plan are each verified separately; owning equipment alone does not finish the E-2 case.