IN THIS GUIDE · Explain how the investor will direct the business during the proposed travel pattern
Start with the E-2 eligibility and application overview
Identify actual authority to develop and direct
Relevant treaty nationality is required, including at least 50% enterprise ownership by nationals of that treaty country. The investor must develop and direct through at least 50% ownership or other qualifying operational control. Describe actual responsibilities and rights rather than using the number of planned U.S. nights as a substitute for control.
Show qualifying capital independently of travel spending
Funds must be lawfully sourced, substantial in relation to the enterprise and committed at risk; there is no universal minimum. Properly structured visa-contingent escrow may qualify. Travel and household budgets do not by themselves establish the actual business commitment. Trace the genuine payments, rights and release conditions.
Read financing and the enterprise’s capacity
Personal unsecured borrowing or debt secured solely by non-enterprise personal assets may count; enterprise-secured borrowing is excluded even with personal collateral. The enterprise must be real and nonmarginal, supporting more than minimal living for the investor and family or a significant economic contribution. Future capacity should generally be realizable within five years of normal business activity.
Coordinate real activities with the correct permission
The investor must intend to depart when E status ends; E-2 is not permanent residence. Canadians generally require an E visa. Explain the actual directing activities and assess the relevant visa and admission conditions. A Canadian home, return ticket or previous visit cannot guarantee approval or authorize any activity the applicant chooses.
Committed funds and real control, alongside the marginality question
Substantiality is judged in proportion to the cost of the business: a purchase of the going concern, its furniture, systems and working capital should bring the committed amount close to the total. Pre-launch cases can succeed on credible commitments: signed lease, executed supply agreement, equipment ordered, licences applied for, and a hiring plan showing how the investor will develop and direct the enterprise. If the seller releases the security interest over company assets in exchange for a larger down payment, the qualifying portion rises; if a side letter later restores that collateral, it falls again. List every current and proposed owner, their citizenship, and their exact percentage, then confirm that treaty nationals of the same treaty country would still hold at least fifty percent of the United States enterprise after the new subscription closes. The requirement is that the investor develop and direct the enterprise, which is shown through identifiable decisions, each traceable to a corporate record: who signs supply contracts, who sets pricing, who hires and dismisses, who holds the bank mandate. Funds must move beyond a revocable intention, be exposed to commercial risk, and support an enterprise that is not marginal. A useful review identifies the amount already irrevocably committed, the amount still exposed to loss, and the date on which each owner payment would leave the enterprise. The investor’s nationality, funding and direction of a real enterprise must be assessed alongside substantiality and non-marginality; a promising customer relationship is not the entire case.
Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.