For many Canadian entrepreneurs, expanding into the U.S. is a natural next step. The E-2 Treaty Investor Visa offers a strategic, non-immigrant solution that allows Canadian citizens to start or buy a business in the U.S. and live there to manage it.
Here’s what you need to know if you’re a Canadian national exploring the E-2 visa:
What Is the E-2 Visa?
The E-2 Treaty Investor Visa is a non-immigrant visa that permits nationals of a treaty country—like Canada—to enter the United States based on a substantial investment in a bona fide enterprise.
Unlike the EB-5 Immigrant Investor Program, the E-2 does not require a $900,000+ investment or a path to a green card (though it can be part of a long-term strategy).
E-2 Visa Eligibility for Canadian Citizens
To qualify, Canadians must:
- Be a citizen of Canada (Permanent Residents don’t qualify unless they hold a passport from a treaty country)
- Invest a substantial amount into a U.S. business (no minimum, but typically over $100,000)
- Show the investment is at-risk and irrevocably committed
- Own at least 50% of the U.S. enterprise
- Direct and develop the business actively
Why It Works for Canadians
- Canada is a treaty country, making its citizens eligible
- The visa can be issued for up to 5 years, renewable indefinitely
- No quota or lottery system, unlike H-1B
- Spouses can apply for work authorization, and children under 21 can attend school
- Ideal for Canadian franchise owners, consultants, and startups looking to scale in the U.S.
What Counts as a “Substantial Investment”?
USCIS doesn’t set a dollar minimum, but they look for:
- Investment proportional to the business type
- Evidence of funds committed and at-risk
- Proof of a real, operating business (not marginal)
For service businesses, tech startups, and even franchises, an E-2 can be structured with modest capital if properly documented.
Strategic Considerations
- Canadians do not need to apply through USCIS if they’re applying from outside the U.S.—they can apply directly at a U.S. consulate in Canada (usually Toronto, Vancouver, Montreal)
- Avoid passive investments like real estate or undeveloped land
- Consider future plans—E-2 does not lead to a green card, but you may transition to EB-1C or EB-5 later
How Ahluwalia Law Offices Can Help
Our attorneys have helped Canadian investors structure business plans, prepare supporting documentation, and secure E-2 approvals across diverse industries—from technology and consulting to franchises and e-commerce.
We offer strategic counsel to ensure your application aligns with both USCIS and consular officer expectations, particularly when applying from within Canada.
Ready to move your business dreams across the border? Contact Ahluwalia Law Offices today.
