Explain the annual operating pattern
Identify when services are delivered, revenue is earned and expenses are paid. Support the forecast with credible evidence. Do not present peak-period results as a twelve-month average unless the record justifies that calculation. Identify which expenses are binding, which are refundable, and which funds remain freely available for personal use. The financial narrative is clearer when contracts and account records distinguish those categories.
Assess the enterprise and applicant
Canada is a treaty country, but establish the investor’s treaty nationality and the enterprise’s qualifying nationality through at least 50% treaty-country ownership. The investor must develop and direct a real, operating enterprise, ordinarily through at least 50% ownership or operational control. Canadian residence alone is insufficient, and a seasonal label does not determine eligibility. Test the operating forecast against actual capacity, pricing, staffing, and ongoing expenses. A revenue graph is stronger when its assumptions are tied to supplier terms, customer evidence, and the enterprise's ability to perform the work.
Identify capital and operating resources
Trace lawful source and path and show that the investment is substantial relative to the business, irrevocably committed and genuinely at risk. Assess working capital according to its real use and commitment. E-2 has no universal minimum amount that overrides the need for a coherent business plan. The investor's role must show development and direction, not passive holding. Record the authority, operational involvement, and ownership that support that conclusion without assuming a title or capital contribution decides it alone.
Apply the correct nonmarginality analysis
Review the enterprise’s present or future capacity under the applicable nonmarginality standard. Do not import EB-5’s ten-job requirement or treat a personal living allowance as the complete test. E-2 is temporary and provides no direct path to permanent residence; a forecast still needs an evidentiary basis rather than a guarantee of profitability. Arrange commitments and immigration steps so that the business record is accurate at every stage. Do not describe an uncommitted account balance as investment, or allow a hoped-for arrival date to turn into unassessed work activity.
Test ownership and capacity across the operating year
Enterprise nationality generally requires at least 50% ownership by nationals of the relevant treaty country. Seasonal results must also support the applicable nonmarginality assessment, including more than minimal living for the investor and family or significant economic contribution. A peak-season profit cannot automatically establish the enterprise’s capacity over the relevant business period.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
