Many Canadians mistakenly believe that their citizenship automatically gives them an advantage over nationals of other countries when securing employment or business visas for the U.S. While it is true that Canadians generally do not need a tourist visa to enter the U.S., the rules are much stricter for work visas, including the E-2.
Although Canadians enjoy certain advantages regarding E-2 visas, such as an extended validity of up to five years, they are still subject to all the other E-2 requirements that apply to nationals of all treaty countries. Failing to understand this reality can lead Canadian applicants to make numerous mistakes when applying for E-2 visas, some of which are explained below.
Investment Is Too Low
While the E-2 visa does not specify a minimum required investment amount, your application may be rejected if the consulate determines that your investment is too low. The investment must still be considered substantial based on the type of business you plan to launch. Additionally, it must be reasonable in comparison to the typical amount usually needed to start that particular type of business. If you are launching a U.S. business when the Canadian dollar is weak, you should consider increasing your funds to help ensure your investment is sufficient.
Inadequate Market Research
As a Canadian, it is important to understand the American business landscape, including which types of businesses are most likely to provide a successful pathway to an E-2 visa. For example, some businesses may appeal more to Canadians than to Americans. Conducting in-depth market research is the best way to avoid this mistake, as it will help you demonstrate that your business has the potential to succeed in the U.S.
Business Is Marginal
If you cannot prove that the business you establish generates more than just enough income to cover your living expenses, it will be considered “marginal.” Consular officers may conclude that it was created solely to support you and your family while in the U.S., rather than as a viable business capable of growth and profit over time, and that can support employees. Whether you are a Canadian national or from another treaty country, making this mistake can lead to denial of your E-2 visa.
Investment Is Not At-Risk
This is another issue that can lead to an E-2 visa denial. Canadian nationals must also prove that their investment in a business is at risk—meaning that the amount invested must be committed solely to the business and can be lost. Investing the money in any way that would make it easily revocable at any time is one of the top mistakes that you can make as a Canadian.
Evidence Is Insufficient
Providing insufficient evidence is one of the main reasons an E-2 visa application may be denied. It is essential not only to include proof of your Canadian nationality—such as a birth certificate or citizenship certificate—but also to provide all required biographical, business, and financial documents to support your application. The burden of proof for Canadians is just as rigorous as it is for nationals of all other treaty countries.
Failing To Follow the Consulate’s Guidelines
All consulates around the globe have specific guidelines that must be followed. Canadians are usually required to visit the US consulate located in Toronto to apply for E-2 status. As such, it is critical to familiarize yourself with the specific format for submitting an application package to this consulate. This will help you to avoid having your submission rejected, which can cause a delay in your plans.
Hire an Immigration Attorney Today
If you are a Canadian national who is interested in pursuing an E-2 visa, and you want to avoid making one of the most common mistakes, then contact U.S. Immigration Law Counsel for a strategy session to discuss your case. We will deal with the government, so you don’t have to!
