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BOWDEN · E-2 FIELD GUIDE

Does a fixed number of U.S. visits prove the investor will develop and direct the enterprise?

Sources checked:

THE DIRECT ANSWER

No. Explain the actual authority and responsibilities. A travel count is not a substitute for qualifying ownership or operational control.

Show how the business is genuinely directed

Identify the decisions the applicant will make and the real enterprise arrangement. Do not invent a universal travel minimum or assume every split-time plan satisfies the directing requirement.

Treaty nationality rests on citizenship, which a naturalized Canadian already holds, and the business elements — substantial capital at risk, a real operating enterprise, non-marginality, genuine development and direction — can be built now. What a reviewer looks for is loss exposure: a purchase agreement binding without further conditions, funds released from the buyer's control, equipment ordered and paid for, a premises lease creating enforceable obligations, and payments that would not come back if the business failed. Negotiate a diligence window into the term sheet so the subscription can be reviewed before it becomes binding, and set explicit checkpoints inside it: documents received, nationality of ownership confirmed, control rights assessed, funding route agreed. A useful first review produces a condition-by-condition record: proof of Canadian nationality, the ownership ledger, the transfer trail for money or assets, and records showing that the business is operating beyond the family’s personal support.