IN THIS GUIDE · Test the investment, enterprise, and investor control as one coherent operating plan
Start with the E-2 eligibility and application overview
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.
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.
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.
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.
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 reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.
