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FOR ENTREPRENEURS · CORNWALLCornwall

Your ambition.Your enterprise.

E-2 may suit a treaty national who will develop and direct a real U.S. enterprise after making a substantial investment. The investment must be committed in a way that places the funds at genuine commercial risk, and the enterprise cannot be marginal. There is no universal dollar threshold; substantiality is assessed in relation to the business cost and circumstances. Canadian applicants ordinarily need an E visa before seeking admission, so commercial closing plans should be coordinated with the immigration process. The evidence should make the transaction understandable from beginning to end: lawful source of funds, banking movement, binding commitment, ownership structure, operating need, and investor decision-making. A business plan needs to accord with purchase contracts, lease terms, invoices, and payroll assumptions. The applicant should not rely on a dormant company, a passive shareholding, or an unspent account balance as proof of an operating enterprise. Each commercial contingency should be described honestly because it can affect the degree of financial exposure. A workable review also identifies the investor's real management decisions, the enterprise's customers, expected staffing, and funds reserved outside the venture. That division avoids treating household living money as business capital or describing an intended manager as a passive owner. The first review should end with a source-and-transfer timeline, a costed commitment schedule, and an ownership-and-control analysis. Capital must be genuinely committed to the enterprise and exposed to commercial loss; it cannot be merely available in an account. Hypothetical example: a treaty national uses documented savings to acquire a mobile refrigeration-repair company. The central decision is whether the purchase and escrow terms place the funds at real commercial risk while leaving the investor able to direct operations.

Talk about E-2
PurposeDevelop and direct a business
InvestmentSubstantial and at risk
Fixed minimumNo universal dollar threshold

IN THIS GUIDE · Test the investment, enterprise, and investor control as one coherent operating plan

Start with the E-2 eligibility and application overview

01

Confirm treaty nationality and ownership

The investor must hold the nationality of an E treaty country. Where the enterprise itself is the applicant, ownership needs the required treaty-national character. Do not treat residency, a Canadian business registration, or a spouse's nationality as interchangeable with the investor's own nationality. Identify the nationality of every relevant owner and the percentage each holds. A later ownership change can affect the enterprise's treaty character.

02

Trace funds from source to commitment

Build a document trail through earnings, sale proceeds, gifts, loans, accounts, transfers, escrow, and business payments as applicable. The records should show lawful control of the funds and the point at which they became committed. A bank balance left untouched is not the same as an exposed commercial investment. Match every material transfer to a statement, agreement, or receipt. If an escrow release depends on conditions, identify who controls those conditions and the possible outcomes.

03

Measure substantiality by the actual venture

A low-cost service business and a capital-intensive operation may call for different evidence. Explain purchase price, equipment, inventory, leasehold, professional costs, working capital, and the percentage already committed. The analysis is proportional; announcing a preferred minimum does not decide the issue. Build a cost schedule that distinguishes capital committed to the venture from money retained for personal living needs. The proportional assessment follows the actual business model.

04

Show a real, non-marginal enterprise

Use contracts, projections, premises, licensing, market research, staffing assumptions, and operating detail to show more than a paper company. The enterprise should have present or future capacity beyond supporting only the investor and immediate family, unless a significant economic contribution analysis is supported. Test the operating forecast against contracts, premises, and staffing assumptions. A business must be real and must not be structured merely to support its investor and household.

05

Describe development, direction, and family roles

Ordinary control can arise through majority ownership or another accepted route to operational direction. The applicant should explain actual decision-making, not just hold a passive interest. A qualifying E spouse may be authorized to work through valid status with suitable documentation; children may attend school but need separate authority for work. Describe who approves spending, hires staff, and directs services. A passive investment interest does not satisfy the development-and-direction requirement.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.

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