E-2 VISAS FOR CANADIANS

An E-2 nonimmigrant visa allows nationals of treaty countries to enter the U.S if they have invested a substantial amount of capital in a U.S. business. It is an ideal visa for foreign entrepreneurs who want to establish a business in the U.S. The E-2 visa is available to citizens of over 30 countries that maintain treaties of commerce and navigation with the U.S., countries with which the U.S. has a qualifying international agreement, and those that have been determined as qualifying countries based on certain U.S. immigration laws.

What Are the General E-2 Visa Requirements?

To qualify for an E-2 visa in general, treaty investors must have a substantial amount of funds to invest in a business. They must also meet the following conditions:

The applicant must be a national of an E-2 treaty country.
There is no specified minimum investment required for an E-2 visa, but it is generally recommended that applicants invest at least $50,000 to $200,000 USD in a business, and the investment must be irrevocable.
The E-2 visa applicant must be coming to the U.S. to develop and direct the enterprise, typically by owning at least 50% or having operational control.
The E-2 treaty investor must prove that the business was established in the U.S. by providing a lease, incorporation documents, receipts, invoices, etc.
The U.S. company must also be a real and operating business, which can be proven by providing the annual report, brochures, etc.
The E-2 investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.
The investor must also prove that the business isn’t marginal by submitting documents such as payroll copies, personal bank statements, and personal tax returns.

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Spouses and unmarried children under age 21 may accompany or follow the E-2 investor or employee to the U.S., and they are also eligible for work permission. Proof of the E-2 investor or employee’s relationship with their spouse and children will be needed (birth or adoptions certificates for children/marriage certificate, etc.).

What Are the Specific E-2 Visa Requirements for Canadians?

While there are general requirements that citizens of treaty countries must meet to qualify for an E-2 visa, Canadians enjoy some unique advantages.

Canadians receive E-2 visas with a maximum validity of five years, unlike many other countries whose nationals may receive E-2 visas valid for only one or two years, based on the country’s reciprocity schedule.
Canadian E-2 visas can be renewed indefinitely in five-year increments, as long as the business remains operational and continues to meet the requirements.
Canadian E-2 visas permit multiple entries, which makes it easier for Canadians to travel in and out of the U.S. while the visa is valid.
Canadians can apply for the E-2 visa directly at a U.S. consulate in Canada, and processing is often faster and more straightforward compared to some other countries.

What Kind of Documents Do You Need to Provide for an E-2 Visa?

If you believe you may qualify for a Canadian E-2 visa, begin by gathering the necessary supporting documents below to demonstrate your eligibility.

Proof of Canadian citizenship (birth certificate/passport/naturalization certificate)
Proof that the enterprise is real, active, and producing goods or services, including client lists, contracts, receipts, website printouts, and photographs of the physical business
Proof that the investment is substantial and not marginal (not solely a means of making a living), including business tax returns, payroll documents, and financial statements.
Company ownership and controlling interest documents, including business incorporation and ownership documents, stock certificates, etc.
Proof that you will develop and direct the enterprise or that you will be employed in an executive/supervisory position or that you have essential skills.
Proof of the investment and source of funds, including bank statements showing transfers.
Proof of operating costs, including receipts, purchase orders, invoices, advertising fees, etc.
A rental lease as proof of a physical location for the business (if applicable)
Business license (if required)
Five-year business plan showing financial forecasts, hiring goals, etc.

How Can USILC Help You with the E-2 Visa Process?

One advantage of working with an immigration attorney is that an experienced lawyer is already familiar with the reasons USCIS most often denies Canadian E-2 petitions. They can anticipate potential issues, address common questions, and take action to resolve any obstacles that may arise during the process.

USCIS has strict review standards for approving E-2 visa petitions. To ensure your petition has the strongest chance of success, seek assistance from a skilled immigration attorney. At U.S. Immigration Law Counsel, our team draws on decades of combined experience handling a wide range of immigrant petitions, including E-2 visas. We are well-equipped to guide you through the often complicated and intimidating Canadian E-2 visa process. If you are ready to take the next step, reach out to us today.

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