IN THIS GUIDE · Separate the investor’s actual commitment from money reserved for later choices
Start with the E-2 eligibility and application overview
Establish the enterprise ownership and directing role
Relevant treaty nationals must own at least 50% of the enterprise. The applicant must develop and direct through at least 50% ownership or other qualifying operational control. A cash reserve or promise to help finance the business does not itself establish the rights to direct it.
Identify funds genuinely committed at risk
The investment must be substantial in relation to the enterprise, with no universal fixed minimum, and lawfully sourced. Trace the actual source, path and commitment rather than treating every available account balance as invested. Properly structured visa-contingent escrow may qualify, while an optional future expenditure is not necessarily the same commitment.
Check financing and the real business case
Personal unsecured borrowing or debt secured solely by non-enterprise personal assets may count; enterprise-secured debt is excluded even if personal collateral is also pledged. The enterprise must be real and nonmarginal, supporting more than minimal living for the investor and family or a significant economic contribution. Projected capacity should generally be realizable within five years of normal business activity.
Keep reserves, household plans and permission distinct
Describe genuine operating resources and the investor’s directing activity without inventing completed spending. Intent to depart when E status ends is required; Canadians generally need an E visa. A well-funded household or available business reserve does not guarantee the decision or authorize U.S. work before the appropriate process.
Assess the enterprise beyond the owners' plans
Beyond the enterprise, the employee must hold the same treaty-country nationality as the qualifying owners, and must be coming either to fill an executive or supervisory position or to provide services requiring special qualifications essential to the enterprise's operations. The enterprise must be a real, active and operating commercial undertaking, not a paper organization or a passive holding, and it must not be marginal. Treaty nationality comes from citizenship, not Canadian residence, and at least fifty percent of the enterprise must be treaty-owned. Funds paid into escrow that releases on visa approval, equipment purchased, a lease signed and deposits paid, a franchise fee remitted: these are commitments at risk. Shareholder agreements can leave a majority owner unable to appoint a manager, approve a budget or hire; the E-2 investor must develop and direct the enterprise, so those clauses matter as much as the price. The recognised middle path is an escrow holding the purchase price with release to the seller conditioned on issuance of the E-2 visa, so the money is unconditionally committed for immigration purposes yet returns to the buyer if the visa is refused. For E-2, the funds must be committed irrevocably and exposed to commercial risk; an amount that remains freely recoverable normally does not perform the same function. Use credible forecasts, staffing plans, contracts, pricing assumptions, and a timeline for revenue growth; then test whether the numbers can sustain more than household expenses.
Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.