Canadian citizens are eligible for the E-2 treaty investor visa. Here are 9 things every Canadian entrepreneur should know about eligibility, investment, validity, family benefits, and more.
Eligibility
Canadian citizens are eligible for the E2 visa because Canada has a valid treaty of commerce and navigation with the United States.
This treaty status allows Canadian investors to apply for the E2 visa to invest in and manage businesses in the U.S.
Investment Requirements
There is no set minimum investment amount for the E2 visa, but the investment must be considered “substantial” relative to the total cost of either establishing or purchasing the business.
While some sources suggest investments starting from $100,000, it’s more about the proportion of the investment to the cost of the business.
Lower investments have been approved in the past, especially for businesses with lower operational costs.
Business Viability
The business must not be marginal; that is, it should generate more than just enough income to support the investor and their family.
It needs to demonstrate potential economic impact, often through job creation for U.S. workers.
The enterprise must be real, active, and involved in producing services or goods for profit.
Validity and Renewal
For Canadian citizens, the E2 visa is typically issued for a maximum validity of five years.
After this period, the visa can be renewed indefinitely as long as the business continues to operate successfully.
Each entry into the U.S. on an E2 visa grants a stay of up to two years, which can be extended without needing to leave the country.
Family Benefits
Spouses and unmarried children under 21 of E2 visa holders can also receive E2 visas.
Spouses are eligible for employment authorization, allowing them to work in the U.S. for whoever they please, while children can attend school.
Dependents do not need to be Canadian citizens as long as the principal applicant is.
Non-Immigrant Status
The E2 visa is a non-immigrant visa, meaning it does not directly lead to permanent residency or a green card.
However, it provides a pathway for investors to be in the U.S. long-term, potentially exploring other immigration options over time.
Investment Flexibility
Canadian investors can either buy a franchise or an existing business, or start a new one.
The business must be an active commercial enterprise, not passive or speculative like real estate flipping.
This flexibility allows for diverse business opportunities.
Commitment of Funds
Before applying, the investment must be “irrevocably committed” or at risk.
This could mean funds are already invested or placed in escrow, contingent on visa approval. This commitment demonstrates the investor’s dedication to the business’s success.
These 9 points highlight the unique aspects and benefits of the E2 visa for Canadian investors, making it a potentially attractive option for those looking to expand their business into the U.S. market.
About Me
I’m Joseph Bovino, US immigration and business attorney specializing in E2 investor visas on behalf of clients worldwide.
Want to talk through your situation? Book a consultation with me.
