E2 requirements...please help

[kodva]

I am a Canadin residence living in the US (my husband has a H1 so I am residing as his dependent). I am planning to buy a gas station business for 200K out of which 150K would be out of pocket and the rest in financing. I am confused about how to apply for the E-2.

One option is to buy the business and have my status converted to E-2 and then after a year when I have a tax return, I apply through US Embassy in Canada. My only concern is that I would be unable to leave for a year or two which means unable to attend any family situation back home.

Other option is to buy the business and right away apply for the visa through US Embassy in Canada. It is a little risky because what if I dont get it then I have a investment and no visa not to mention they will even cancel my H2.

I am also confused about the requirements. For E-Visa does a business has to show a net profit on the income tax returns? Most business (Gas Station/C-Stores) we come across do not show any net profit on the income tax returns but they do make money. Also I was told that there should be a payroll of 30-40K, how do you show what is the payroll of a business?

I would appreciate if someone could share the information

ashley