Treaty-country citizenship
The principal applicant must hold citizenship of an E-2 treaty country. Canadian citizenship can qualify; living in Canada or holding Canadian permanent residence alone is not sufficient.
For Canadians building a business in the United States
CACANADA-SPECIFIC E-2 VISA GUIDE
E-2 Investor Visa
for Canadian
Citizens
A strategic guide for Canadians who want to launch a U.S. company, purchase an existing business, invest in a franchise or expand a Canadian enterprise into the United States.
Understanding E-2
A U.S. business visa for treaty investors
The E-2 visa allows a qualifying treaty-country national to enter the United States to direct and develop a bona fide enterprise in which substantial capital has been invested. Canada is an E-2 treaty country.
Canadians are visa-exempt for many temporary travel purposes, but E-2 is an important exception: Canadian citizens seeking admission as treaty investors require the appropriate E-2 visa.
Important: E-2 eligibility is based on citizenship—not simply Canadian residence. A Canadian permanent resident who is not a citizen must qualify through the nationality of another E-2 treaty country.
Eligibility
Core E-2 visa requirements for Canadians
Eligibility is established through the complete record. Investment amount alone does not compensate for weak ownership, source-of-funds or business evidence.
A substantial investment
The investment must be substantial in relation to the cost of purchasing or establishing the particular business and sufficient to support its successful operation.
A real and operating enterprise
The U.S. enterprise must be a bona fide commercial business producing goods or services—not an idle investment, undeveloped idea, or passive asset holding.
Capital placed at commercial risk
The funds must be irrevocably committed to the enterprise and subject to partial or total loss if the business is unsuccessful.
Ownership or operational control
The investor generally needs at least 50% ownership or another form of control that enables the applicant to direct and develop the U.S. enterprise.
A non-marginal business
The enterprise should have the present or future capacity to generate more than a minimal living for the investor’s family, including meaningful employment or economic impact.
Business routes
Ways Canadians can structure a U.S. enterprise
Each route creates different investment, evidence, timing, working-capital, valuation and management considerations.
Purchase an existing U.S. business
Review tax returns, payroll, licences, leases, contracts, liabilities, cash flow and valuation before aligning the purchase agreement with the E-2 strategy.
Acquire a franchise
Evaluate the total project cost, territory, franchise fees, working capital, staffing plan and the investor’s day-to-day management responsibilities.
Launch a new business
Document incorporation, premises, equipment, permits, inventory, marketing, contracts and hiring so the enterprise is beyond the speculative stage.
Expand a Canadian company
Map the Canadian and U.S. ownership, capital transfer, operating relationship and the investor’s role in directing the American enterprise.
Cross-border evidence
Documenting Canadian funds and the U.S. investment
The file should create a clear audit trail from the lawful origin of the Canadian funds, through conversion and transfer, to the final U.S. business expenditure.
Discuss Your Evidence Plan →- ✓
Canadian passport and civil documents for the investor and accompanying family
- ✓
U.S. entity records, ownership chart, share or membership certificates
- ✓
Canadian bank records and evidence explaining the lawful source of investment funds
- ✓
Wire transfers, foreign-exchange records and proof showing how funds were spent
- ✓
Purchase agreement, franchise agreement, escrow documents or formation records
- ✓
Commercial lease, insurance, licences, equipment, inventory and vendor contracts
- ✓
Business plan with market analysis, five-year projections and a credible hiring plan
- ✓
For an existing business: tax returns, financial statements, payroll and employee records
Preparation process
Preparing an E-2 application from Canada
Submission, interview and document instructions must follow the current procedures of the applicable U.S. post in Canada.
Assess eligibility and objectives
Review citizenship, available capital, source of funds, business background, family needs, current U.S. status and desired timeline.
Choose and structure the enterprise
Compare a startup, acquisition, franchise or Canadian-company expansion and define ownership, control, investment and working capital.
Build the evidence trail
Connect the lawful origin of the Canadian funds to transfers, U.S. expenditures, ownership and a business that is ready to operate.
Prepare the visa and interview
Follow the current E-visa procedures for the applicable U.S. post in Canada and prepare to explain the business and investment consistently.
Cross-border family planning
Coordinate the business with your family’s move
A qualifying spouse and unmarried children under 21 may apply as derivatives. Employment, schooling, travel, I-94 records and renewal timing should be planned for the family as a whole.
Spouse
Review current employment-authorisation treatment and admission records.
Children
Plan for age, unmarried status, schooling and future status needs.
Travel
Distinguish visa validity from the I-94 period authorized at each entry.
Canadian investor questions
E-2 visa FAQ for Canadians
These are general planning answers. Citizenship, ownership, business facts, current status and immigration history can change the correct strategy.
Do Canadian citizens need a visa for E-2 status?+
Yes. Although Canadian citizens are visa-exempt for many temporary travel purposes, the U.S. Department of State specifically lists E-2 treaty investors among the categories for which Canadians require a nonimmigrant visa.
Can a Canadian permanent resident apply for an E-2 visa?+
Canadian permanent residence by itself does not create E-2 eligibility. The principal investor must hold the nationality of an E-2 treaty country. A permanent resident may qualify through another treaty-country citizenship.
Is there a minimum E-2 investment amount for Canadians?+
There is no single statutory minimum that applies to every business. The investment is evaluated in relation to the total cost of the enterprise, the amount already committed, the operating needs and the business’s ability to succeed.
Can I buy an existing restaurant or other U.S. business?+
Potentially, yes. The purchase should be supported by due diligence covering valuation, financial performance, payroll, licences, lease terms, liabilities, investment expenditure and the post-acquisition operating plan.
What is the difference between TN and E-2 for a Canadian?+
TN classification is limited to qualifying USMCA professions and normally involves prearranged professional employment; self-employment is not permitted under the TN rules. E-2 is designed for a qualifying treaty investor who will direct and develop an invested U.S. enterprise.
Can a Canadian corporation own the U.S. E-2 company?+
A qualifying ownership structure may be possible, but the treaty nationality of the enterprise must be documented through its ultimate individual owners. The ownership chart and nationality evidence should be reviewed before funds are committed.
Can my spouse and children accompany me?+
A qualifying spouse and unmarried children under 21 may apply as derivatives. Current rules governing employment, study, travel and status should be reviewed for each family member.
Does a five-year E-2 visa permit a five-year continuous stay?+
No. Visa validity and authorized stay are different. Canada’s current reciprocity schedule provides for multiple-entry E-2 visas with validity of up to 60 months, but each admission is governed by the I-94 issued at entry.
Does the E-2 visa lead directly to a green card?+
No. E-2 is a nonimmigrant classification and is not itself permanent residence. Any future immigrant strategy should be planned separately and carefully around the investor’s circumstances.
Official U.S. government resources
FUTURE IMMIGRATION ADVISORY
Assess the E-2 strategy before you invest.
Tell us about the business you are considering, available capital, source of funds, ownership plan, family and timing. We will identify the strongest starting point and the gaps that need attention.