Yes, when release is conditioned solely on visa issuance and the funds are otherwise beyond the buyer's control. An escrow that the buyer can cancel for other reasons, or a refundable deposit, does not meet the standard.
Committed means the only way out is a visa refusal
The E-2 regulations and the Foreign Affairs Manual require that the investor's capital be irrevocably committed to the enterprise and subject to loss if the business fails. The concern is with investors who keep their money safely on the sidelines while asking for a visa. Escrow reconciles the two interests when it is structured correctly: the purchase agreement is executed, the full price is deposited with a neutral agent, and the agreement states that closing occurs automatically on visa approval and that the deposit returns to the buyer only if the visa is denied.
Consular officers treat that arrangement as a commitment because the investor has no discretion left. What defeats it is optionality — a financing contingency, an inspection clause the buyer controls after the application, or a deposit that is a fraction of the price with the balance undocumented. For an asset purchase of a contracting business, the escrow should also cover the working capital the plan says the business needs on day one.