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APPLICATION ANSWERS · E-2 FIELD GUIDE

Granby: Does seller financing automatically prevent the buyer from qualifying for E-2?

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THE DIRECT ANSWER

No universal conclusion follows from seller financing alone. Assess the actual investment treatment, ownership, control and operating plan under the E-2 requirements.

Read the obligations before classifying the funds

Identify who owes the money, what secures it and which rights the seller retains. Lawful source and path, substantial committed at-risk capital, treaty nationality and development and direction remain separate questions. Do not assume every loan qualifies, every secured arrangement fails or the nominal purchase price establishes the qualifying investment amount.

The first review should identify the governing condition and the record that proves it. Hypothetical example: a mobile dental-equipment repair owner with a supplier deposit must decide which document or sequence actually resolves the issue before relying on a desired outcome. A complete record should show the fact, its source, and what remains prospective. E-2 requires treaty nationality, qualifying enterprise nationality, a substantial commitment at risk, development and direction, and a nonmarginal enterprise. Review the evidence in that order, then decide whether to proceed, obtain a missing record, or change the plan. A generic letter, private payment, future chart, or travel reservation fails when it is used to prove a condition it does not establish.

The review outcome should identify the next document or action and state why an unsupported shortcut would fail. Keep the final presentation tied to the facts actually established, not to a hoped-for conclusion.

Record that decision in writing before relying on it.