No. Assess the actual commitment and conditions under the applicable rules.
Read the agreement behind the label
A deposit can serve different purposes. Identify what happens to the money if stated conditions occur rather than drawing a conclusion from the receipt title.
A well-advised buyer negotiates protections: a deposit recoverable on several conditions, a price partly deferred and paid from the business's own earnings, security taken over the acquired assets. Before spending money on a purchase, confirm the investor’s citizenship using the applicable passport and determine whether that country has the relevant treaty relationship. E-2 requires qualifying treaty nationality, at least 50% relevant treaty-national ownership of the enterprise and the applicant’s development and direction; the option label alone cannot settle those conditions. What does not count is anything the buyer could still get back: a deposit that the franchisor returns if the visa is refused, money held in the buyer's own account for future expenses, or a loan the buyer is not personally liable for. Substantiality relates the investment to the actual cost of the specific business, while nationality, real commitment of funds, direction of the enterprise, and the non-marginality requirement must each still be satisfied. Purchase price, assumed liabilities, and the deposit balance are separate figures; present all three rather than a single headline number.