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COUNTY OF BRANT · PLANNING GUIDE

Brantford E-2 guide: read the loan, escrow and purchase agreement together

USAvisa field guide · 3 minute readReviewed 7 September 2026
THE SHORT ANSWER

The investment analysis needs the actual financial arrangement, not three separate summaries that leave their interaction unexplained. Trace how borrowing becomes committed capital and which conditions still affect the transaction. Hypothetical example: a treaty-national buyer plans to acquire a commercial-kitchen repair shop using a home-equity loan and a refundable asset deposit. The decision is not whether the total is impressive; it is whether the money has become irrevocably committed, with actual exposure to business loss, and whether the loan security is acceptable. The records must tell that complete story. The buyer should make a written go-or-no-go decision only after comparing the final loan, escrow, and operating documents. If one document permits recovery of funds, explain that condition rather than assuming the payment label resolves commitment.

01

Start with the collateral schedule

Hypothetical example: a buyer describes financing as a personal loan, while the security documents refer to several assets. Identify the borrower, collateral and actual disbursement. Personally secured or unsecured loans may qualify under applicable rules; enterprise-asset-secured borrowing does not count as the investor’s qualifying investment. Mixed security requires review of the complete arrangement. Map every debt instrument to its collateral. Personally secured or unsecured borrowing may be considered differently from borrowing secured by assets of the enterprise. The practical decision may be to change the financing terms before relying on the debt as qualifying capital. Include executed security documents, not only a lender’s summary.

02

Identify conditions that control the funds

Read the purchase and escrow instructions together. Record when money is released, what allows return and who controls each decision. Do not assume a payment is qualifying capital merely because a receipt exists, or that every conditional arrangement is automatically excluded. The actual commitment and risk are what need assessment. Create a commitment ledger with date, payee, purpose, refund condition, release trigger, and source document. This shows which amounts are paid into the business, held under a binding escrow arrangement, or still withdrawable. A payment receipt without the governing cancellation clause leaves the central question unanswered.

03

Review the enterprise and intended activity

Assess qualifying treaty nationality, ownership and control, substantiality, a real nonmarginal enterprise and the applicant’s role developing and directing it. No universal fixed E-2 minimum applies. Separate capital from charges and trace lawful source and path. Before closing or beginning work, resolve the relevant commercial terms and the applicant’s actual immigration permission. Test the enterprise independently: treaty ownership, real operations, substantiality relative to its cost, capacity beyond the investor’s household needs, and the investor’s ability to develop and direct it. Hypothetical example: a mobile knife-sharpening service has equipment invoices but no credible customer plan. The applicant must decide whether to strengthen the operating model before applying, not merely spend more money.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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