E‑2
Treaty Investor Visa for Canadians
U.S. E-2 Investor Visa Attorney for Canadian Entrepreneurs
Cross-Border Business Expansion | Strategic U.S. Consulate Toronto Filing
Expand your business into the U.S. market with clear, experienced guidance tailored to Canadian citizens. We help Canadian business owners, founders, and investors navigate cross-border funding, U.S. entity structuring, and U.S. Consulate General Toronto submissions to secure long-term E-2 treaty investor status.
The Canadian E-2 Visa Advantage
Key benefits for Canadian business owners and investors expanding to the U.S.
5-Year Validity
Canadian citizens are eligible for the maximum 5-year initial visa stamp, with unlimited renewals as long as your U.S. business remains operational.
Spousal Work Pass
Your spouse receives open employment authorization in the U.S. automatically upon entry, allowing them to work for any employer or run a business.
No Fixed Capital Cap
There is no rigid $500k+ threshold. Investment requirements are proportional to your business model, focusing on "substantiality" rather than fixed minimums.
Border & Travel Flexibility
Travel freely across the U.S.–Canada border to manage your cross-border operations while maintaining primary residence in your preferred location.
Navigating the U.S.–Canada Cross-Border Pathway
While the underlying U.S. immigration laws are federal, applying for an E-2 visa as a Canadian citizen requires navigating specific cross-border nuances:
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First-time Canadian E-2 applications are processed through the specialized E-Visa Unit at the U.S. Consulate General in Toronto. The Consulate maintains strict filing guidelines—including specific page limits, document indexing, and submission formats. Our firm handles these submissions with precision to avoid delays or administrative reviews.
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To satisfy the U.S. Department of State that your capital is "at-risk," you must demonstrate a legitimate, traceable source of funds. We guide Canadian clients through the documentation of common funding structures, including:
Equity drawn from existing Canadian business entities or holding companies.
Loans secured by personal assets (such as a Home Equity Line of Credit / HELOC on Canadian real estate).
Proceeds from the sale of Canadian property, investments, or business assets.
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Whether you are establishing a new U.S. subsidiary, purchasing an existing U.S. enterprise, acquiring a franchise, or expanding a successful Canadian service business south of the border, we ensure your business plan meets both USCIS and Department of State standards for viability and non-marginality.
Frequently Asked Questions (FAQ)
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No. Unlike TN visa status under CUSMA/NAFTA, first-time E-2 investor applications cannot be adjudicated directly at a U.S. Port of Entry (land border crossing or pre-clearance at airports like Pearson or Vancouver). First-time E-2 visa applications must be submitted electronically to the U.S. Consulate General in Toronto for review prior to your interview.
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There is no fixed minimum dollar threshold written into the law. Instead, the investment must be "substantial" in relation to the total cost of creating or purchasing the business. For example, an $80,000 investment may be considered substantial for a consulting firm, whereas a manufacturing plant may require $300,000+. The key is proving the funds are fully committed and sufficient to make the business operational.
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Yes, provided the loan is secured by your personal primary or secondary assets (such as Canadian real estate) rather than being an unsecured loan or a loan secured by the assets of the U.S. business itself. Capital raised through personal lines of credit qualifies as at-risk personal capital under E-2 regulations.
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Yes — purchasing an existing business or franchise qualifies.
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Yes. As long as your E-2 visa stamp remains valid and your underlying investment activity continues to meet visa requirements, you may travel internationally and re-enter the United States. If your visa stamp expires while you are abroad, you will need to apply for a new E-2 visa at a U.S. consulate before returning. Your I-94 admission record governs the length of each authorised stay, not the visa stamp itself.
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Processing times at the U.S. Consulate General in Toronto vary based on caseload volumes. Generally, consular review takes several weeks to a few months after submitting the completed digital package. Once reviewed, you will be scheduled for a brief in-person interview in Toronto.
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Yes. You can structure the U.S. enterprise as a parent-subsidiary model, where your Canadian corporation holds ownership of the U.S. LLC or Inc. However, to maintain E-2 eligibility, at least 50% of the ultimate individual ownership of the Canadian parent entity must be held by Canadian citizens.
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If you are already inside the U.S. on a valid nonimmigrant status (e.g., B-1/B-2 or TN), you can file for a "Change of Status" with USCIS. However, this status only applies while you remain inside the U.S. Once you leave the country, you must apply at the U.S. Consulate in Toronto to get an E-2 visa stamp in your Canadian passport to re-enter. For most Canadians, applying directly through the Consulate is the preferred long-term route.
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The E-2 visa is tied to the active operation of a qualifying investment. If your business fails, closes, or no longer meets the E-2 requirements — including the requirement to generate more than marginal income — you may lose your eligibility to maintain or renew your E-2 status. It is important to notify an immigration attorney promptly if your business circumstances change significantly, so you can assess your options before your status is affected.
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E‑visas do not directly lead to permanent residency, but many investors later transition to EB‑5, EB‑2 NIW, or L‑1A pathways.
Considering other U.S. visa options?
Our firm supports professionals, founders, executives, artists, and specialized talent across multiple visa categories. Explore the full range of pathways available and compare which option best aligns with your goals, background, and long‑term plans in the United States.
Your E-2 Treaty Investor Attorney
Lauren Lantz | U.S. Immigration Attorney
— 20 years of U.S. immigration experience
— Former Senior Associate, where she spent 13 years at the world’s largest immigration law firm
— Licensed in Georgia since 2007
— American Immigration Lawyers Association (AILA) Member
— Co-author, "Theft, Drugs, Deception: Oh My!" — AILA VOICE cover story, 2011
— Practice experience in London, Sydney, and Washington D.C.
— Representing clients in the UK, Europe, Australia, and worldwide
— All consultations fully remote.
Lauren has handled E-2 matters across a wide range of countries, industries, and investment structures. Here is a snapshot of that experience.
Lauren has successfully represented E-2 investors from Canada — processed through the consular post in Toronto. Her clients have included first-time investors acquiring U.S. businesses, entrepreneurs launching new ventures, and founders relocating established operations to the United States. E-2 matters have spanned sectors including hospitality, retail, technology, healthcare, manufacturing, and professional services.
Ready to Expand Your Business Across the U.S. Border?
Let’s Build Your E-2 Strategy
Whether you’re launching a new venture or purchasing an existing enterprise, the E‑2 Treaty Investor Visa offers flexible, renewable options for entrepreneurs.
Allow us to provide tailored guidance on your investment and visa pathway.