Start with the E-2 eligibility and application overview
Establish treaty nationality
Confirm the applicant’s nationality and the enterprise’s treaty-country ownership structure, which generally requires at least 50% ownership by nationals of the relevant treaty country. Where a company rather than an individual applies, ownership and control records must be current and intelligible. A Canadian permanent resident without Canadian citizenship cannot rely on Canadian treaty nationality.
Follow the capital
Trace the funds from lawful source through transfer and business deployment. The amount must bear a credible relationship to the business’s total cost and must be exposed to commercial risk. Personal savings sitting outside the transaction may not do the same work as funds already committed to the enterprise.
Test the operating enterprise
Show a real commercial business rather than a dormant shell or a speculative concept. Explain customers, suppliers, staffing, revenue assumptions, and the timing of material commitments. Seasonal activity may qualify, but the annual plan needs to show how the operation can meet the standard.
Show direction and control
The investor must be able to guide and control the enterprise, ordinarily through majority ownership or comparable operational control. A passive investor profile does not fit. Identify the decisions the investor will make, the people who perform day-to-day tasks, and the authority held under the business documents.
Plan for changing facts
Maintain records as revenue, staffing, ownership, or investment changes. A visa or status request is assessed on its own record and timing. Avoid promising a family move, lease, or payroll date that assumes a result before the applicable process is complete.
Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.
