No. Establish ownership, rights, value and actual commitment to the U.S. enterprise. Use or possession alone does not decide the investment treatment.
Identify whose asset it is and what will happen to it
Distinguish personally owned property, company property, leased items and assets subject to security. Explain the proposed transfer and business use. Ask how the actual contribution meets the investment requirements rather than adding every machine’s estimated price to a capital total. The enterprise and nationality criteria remain separate.
E-2 requires treaty nationality, a real enterprise, substantial capital committed irrevocably and exposed to commercial loss, and an operation that is not marginal. The investor must be able to develop and direct the enterprise. A first review should trace every proposed dollar or asset from lawful source to the enterprise, identify any lender, and mark whether the obligation is already binding. Start with ownership and bank records, then contracts, escrow terms, invoices, and the operating plan. Separate value from commitment and commitment from business viability. Applications weaken when an estimate is offered as payment evidence or when funds remain freely withdrawable at the decision point. Hypothetical example: A precision-farm operator proposes contributing drones that are partly financed through a personal loan. Title documents, security terms, and a binding transfer agreement establish what can be committed and what remains subject to another party’s rights. The practical next step is to preserve the underlying record, identify any conflict in writing, and decide the sequence from the facts rather than from a preferred outcome.