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APPLICATION ANSWERS · E-2 FIELD GUIDE

Can a family staffing plan establish E-2 eligibility by itself for a Charlottetown applicant?

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THE DIRECT ANSWER

No. The enterprise and investment requirements need assessment, and each person’s work permission is separate.

Test the actual operating model

Identify who is expected to work and whether the plan relies on unsupported assumptions about dependent employment.

Hypothetical example: a treaty national purchasing a custom hearing-protection studio with funds held in a seller-controlled escrow. First identify nationality, ownership, control, the business activity, and the source and path of every investment dollar. Then test whether the escrow terms actually expose the funds to loss once the stated condition is satisfied. The review should distinguish a refundable exploratory deposit from money genuinely committed to the enterprise. A detailed operating plan also needs to show why the applicant will direct the company and why future earnings are not confined to supporting the investor’s household.

E-2 calls for treaty nationality, control of the enterprise, and funds committed irrevocably to commercial risk in a real business that is not marginal. The investor must be able to develop and direct the enterprise. No single dollar figure decides substantiality; the amount is assessed against the cost and nature of the particular undertaking.

Use records created closest to the event: signed agreements, payroll or bank evidence, corporate records, licences, civil documents, and dated correspondence. A careful review identifies what each record proves and what it does not prove. Do not solve a factual gap by copying a favourable label from another route. Make the next decision only after the missing fact is either documented, changed, or plainly described as unresolved.