No. Continued qualification must be supported by current facts, and the relevant visa or status process still applies. Earlier approval does not remove questions about operations, ownership, control or material changes.
Explain the enterprise as it exists now
Use actual results where available and address departures from the original plan. Identify whether the investor still works in the qualifying activity and directs the enterprise. Review fundamental changes promptly rather than assuming they can wait for renewal.
There is no guarantee that an unchanged narrative or a prior favourable decision will establish eligibility on the current record. Put the conditions in the order they actually bind. Treaty nationality comes first because it can be lost through a share transfer; the investor must then possess and control the funds or assets invested; they must be irrevocably committed and at risk; the investment must be substantial relative to the enterprise; the enterprise must be real, operating and not marginal; and the investor must be developing and directing it.
Hypothetical example: a precast concrete products yard brings in an outside partner to fund a second casting line, and the new partner’s holding shifts the nationality proportion before anyone considers the immigration consequence. Nothing in the operating record fixes that. Check the ownership question before every financing round, not after, and record the nationality of each holder alongside the percentage.
E-2 remains a temporary treaty classification and does not by itself lead to permanent residence, whatever the enterprise achieves.