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MISSION · CUSTOMER EVIDENCE

A customer list should not be presented as guaranteed contract revenue

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

Buying customer information, goodwill or a trade name does not necessarily transfer enforceable customer commitments. Identify what the transaction actually gives the buyer and what the business must still earn. The E-2 enterprise account should distinguish those rights from sales expectations. The key decision is whether the purchased rights support an operating business now, or whether the buyer is mainly paying for an expectation that customers may return. Document the distinction before allocating investment funds or setting a launch date.

01

Classify the customer evidence

Hypothetical example: a seller supplies a list of past customers and a forecast assuming all will renew. Identify current contracts, historic purchasers and prospective contacts. Read any transfer or consent requirements. Do not present the seller’s entire customer history as secured future revenue for the buyer. Hypothetical example: an industrial-cleaning buyer acquires a brand, equipment, and twelve service agreements, but four agreements permit termination on thirty days’ notice. The buyer must decide whether the expected revenue still supports the operating plan and whether further investment is needed. List each contract, assignment condition, term, and cancellation right rather than treating all names as secure sales.

02

Explain the operating enterprise realistically

Show the services, resources and financial assumptions under the rights acquired. E-2 requires a real operating non-marginal enterprise, qualifying treaty nationality, substantial capital committed at risk and development and direction. The number of customer names is not a substitute for those requirements, and there is no universal minimum purchase price. Assess the investment in four separate lanes: treaty nationality, ownership and control, funds genuinely exposed to loss, and the enterprise’s capacity beyond supporting only the investor’s household. A substantial amount is evaluated relative to the business cost; there is no fixed universal amount. A strong forecast does not repair a reversible payment.

03

Connect the transaction with the funding record

Read the asset and goodwill terms, payment conditions and any escrow arrangements. Trace lawful source, applicant rights and actual transfers. Obtain appropriate commercial advice on valuation and enforceability separately from immigration assessment. A favorable business forecast does not guarantee approval or investment success. Plan the transaction sequence around binding rights. Trace source of funds, signed purchase terms, lease or premises, operational assets, and staffing. The investor must lead and control the enterprise. A completed asset purchase does not by itself confer permission to work before appropriate admission or status.

04

Check nationality and the funding chain

The enterprise generally must be at least 50% owned by nationals of the relevant treaty country. Trace the actual ownership chain and the lawful source and path of the investment capital. Applicant residence is not a substitute for nationality, and a bank receipt alone may not establish ownership or funding history. The applicant must develop and direct the real nonmarginal enterprise, with substantial capital committed at risk. E-2 has no universal minimum dollar amount; do not import the EB-5 ten-job rule.

SOURCE NOTES

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

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