Law 9

E2 Visa

The E2 visa offers a pathway for investors, entrepreneurs, and business owners to live and work in the U.S. It allows individuals from specific treaty countries to either launch a new business or invest in and manage an existing one. Key requirements include a substantial investment in the U.S. enterprise and active involvement in its direction and development. This visa can be repeatedly renewed indefinitely, provided the business remains operational and compliant with E2 criteria.

What You Need:

  • Canadian Citizenship: The foundational requirement for the E-2 visa is citizenship. You must be a citizen of a treaty country (Canada qualifies).
  • Investment: While there’s no specific dollar figure mandated, the investment must be significant in a U.S. business. It should be substantial in relation to the overall cost of the business, demonstrating a serious financial commitment. Furthermore, the amount invested should reflect your genuine intention to develop and direct the enterprise.
  • Active Management: The E-2 visa is not designed for passive investors. You must actively participate in directing and developing the business. Your role should be central to the business’s management and growth.
  • Business Ownership: You must own at least 50% of the U.S. business and hold a managerial or supervisory position that gives you operational control.
  • Marginality: The business should benefit the U.S. economy and ideally create jobs for U.S. workers.
  • Intent to Depart: A requirement of the E-2 visa is demonstrating the intent to depart the U.S. when your E-2 status expires. Maintaining strong ties to Canada, such as owning property, having family there, or maintaining active business interests in Canada, can help demonstrate your intent to return.

What You Get:

  • Permission to live in the U.S. and work in your business.
  • Your spouse can apply to work for any U.S. employer.
  • Your children under 21 can go to school in the U.S., though they cannot work.