No. The actual operating enterprise and its capacity must be assessed. The number of names is not guaranteed revenue or proof of non-marginality.
Identify what business the buyer can actually conduct
Distinguish active contracts, past contacts and prospective customers. Explain services, resources and financial assumptions using reliable evidence. Non-marginality involves the applicable capacity beyond a minimal family living or a significant economic contribution. The investor’s qualifying nationality, substantial at-risk commitment and development and direction remain separate requirements.
Hypothetical example: a mobile-diagnostic testing entrepreneur purchases vans, equipment, and a dispatch platform, but the county contract she expects is still under competitive bid. The first review should distinguish assets already acquired, agreements that bind the business, and opportunities that remain uncertain. E-2 requires the investor to hold treaty nationality, commit substantial funds with genuine risk of loss, lead and control the enterprise, and show a business beyond a marginal household livelihood. A possible future contract cannot carry all of those elements. Gather purchase agreements, ownership records, operating licences if relevant, staffing plans, and assumptions behind the revenue model. Then test whether the applicant can actually direct the enterprise rather than merely fund it. If a seller retains key control rights or money is refundable without meaningful exposure, explain why rather than calling it irrevocable. The best sequence is legal ownership, invested funds, operational capability, then forecast. Each answers a different requirement and should be supported by its own record.