Start with the E-2 eligibility and application overview
Start with treaty nationality
The investor must possess the nationality of a treaty country, and the business’s nationality must also satisfy the applicable rules. Residence, a Canadian permanent resident card, or a future citizenship plan do not substitute for treaty nationality. Ownership records must match the claim. The business nationality analysis follows the ownership record, not the place where customers live. Test each owner’s citizenship and percentage before relying on a future restructuring or informal agreement.
Trace funds from origin to enterprise
Explain lawful source and the route of every material dollar using dated records. Bank balances alone do not reveal origin, and a transfer alone does not show the money is committed. Gifts, loans, sale proceeds, income, and inherited funds need their own evidence trails. For each transfer, keep the upstream record that explains how the investor acquired the funds and the downstream record showing receipt. A ledger should identify any unexplained interval rather than hiding it behind a rounded total.
Test commitment and proportionality
An investor’s money must be committed to the enterprise and subject to business risk, not left safely available for withdrawal if the application fails. There is no universal dollar threshold. The amount is assessed against the cost of buying or establishing the particular business. A refundable deposit or money held for the investor’s unrestricted return may not carry the same exposure as a completed business expenditure. Test whether the funds are beyond unilateral recovery and subject to the enterprise’s commercial fortunes.
Show an operating commercial enterprise
Use purchase documents, lease, licences, accounts, staffing plan, market work, and credible projections to show a real business. A dormant entity or vague future idea does not become non-marginal because the investor has experience or sufficient personal savings. Compare forecasts with contracts, expense assumptions, and the person who will actually operate the business. Non-marginality concerns present or future capacity that exceeds support for the investor’s own household.
Keep temporary status and family planning distinct
E-2 may be extended while eligibility continues, but it does not automatically solve permanent-residence planning. A dependent spouse’s employment position and a child’s education should be reviewed under current rules rather than inferred from the investment alone. Treat renewal planning as a fresh factual review, because E-2 remains a temporary classification. An extension depends on continuing eligibility, not merely on the original investment amount.
Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.
