Entrepreneurs & the E2 Visa

Canadian businesses often have extensive experience operating in international markets. This experience can be attributed to Canada’s multicultural population, with its various ethnicities, languages and cultures. Canada’s diverse population offers unique advantages for entrepreneurs as they develop their understanding of global connections and diverse consumer needs. This worldwide exposure provides entrepreneurs with invaluable insights that can give them a competitive edge if they want to expand into the US market. If you’re exploring expanding to the US market, you may need the E2 Visa.

The E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa is a non-immigrant visa category for nationals of countries with treaties of commerce and navigation with the United States. It allows qualified individuals to establish and operate a commercial enterprise in the US by investing substantial capital.

Eligibility Criteria

To qualify for an E2 Visa, an individual must be a national of a treaty country. The applicant must also be in the process of investing or – or have already invested a substantial amount of capital – in a US business. They must intend to develop and direct that business.

The investment should be a “substantial investment,” meaning it is sufficient to ensure the successful operation of the enterprise. Furthermore, the applicant must have a controlling interest in the business. That means the applicant’s investment must be “at commercial risk” – the investment is subject to partial or total loss if the business fails. The investment cannot be obtained directly or indirectly from any criminal activity and can take various forms, such as capital, equipment, inventory or other tangible assets.

Treaty Countries

The list of eligible treaty countries is subject to change, and applicants should verify with their US immigration lawyer before applying for an E2 Visa. Many countries, including but not limited to the United Kingdom, Germany, Canada and Japan, have treaties with the US that allow their nationals to qualify for the E2 Visa.

E-2 Business

E2 Visa holders are expected to actively develop and direct the business they have invested in. They should have at least 50% ownership of the enterprise and can work solely on its development. That work may involve daily managerial tasks, strategic decision-making and a commitment to the growth and success of the enterprise. The business should not be a marginal enterprise solely to support the investor and their family, and the applicant must demonstrate the business’s potential for success and contribution to the American economy.

Duration and Extensions

E2 Visa holders are permitted to live and work in the United States for up to a five year period and is able to be renewed. E2 Visa holders can travel freely in and out of the country during the validity period, making it a flexible option for those engaged in international business.

Family Members

One notable advantage of the E2 Treaty Investor Visa is that it allows the spouse and children under 21 to accompany the principal visa holder to the US. Family members stay under an E-2 dependent classification and are typically eligible for work authorization, allowing them to seek employment or engage in educational pursuits.

US Immigration Lawyer in Montreal & Ottawa

Canadian entrepreneurs exploring an expansion strategy in the US have unique multicultural and global networking strengths that can add value to the American economy. A gateway to achieve this is the E-2 Treaty Investor Visa. It’s important for entrepreneurs to understand thoroughly the requirements and regulations for the E-2 Visa.

At Silver Immigration, our US immigration law firm keeps abreast of all changes in regulations so we can ensure compliance and a smooth application process.

Call 1(888) 799-4769 or complete our contact form to schedule your free consultation.