Chapter 06 · Topic 06.5 · Investor
E-2 Treaty Investor visa for Canadians
E-2 lets a Canadian invest in a US business (typically $100K+) and actively manage it. Indefinitely renewable, spouse can work. Ideal for self-employment (TN does not cover it).
Direct answer · 60-second summary
The 60-second version
The E-2 visa lets a Canadian invest in a US business and actively manage it. Canada is a treaty country through its trade agreement with the US. No fixed minimum threshold (concept of substantial investment, typically $100,000 USD and up depending on business type). Indefinitely renewable as long as the investment stays active. Canadian specificity: self-employed Canadians must use E-2 (TN does not cover self-employment). The E-2 spouse can work.
- Treaty country: yes, Canada eligible.
- Substantial investment in a real, operational, for-profit US business.
- No fixed threshold — proportional to business nature.
- Investment must be at risk and already committed (not merely promised).
- Duration: up to 5 years per admission, indefinitely renewable.
Acronyms used in this guide
- USCIS — U.S. Citizenship and Immigration Services
- DOS — U.S. Department of State
- POE — Port of Entry
- DS-160 — Online Nonimmigrant Visa Application
- EAD — Employment Authorization Document
- TN — Treaty NAFTA / USMCA Professional
- PR — Permanent Resident (green card holder)
- LPR — Lawful Permanent Resident
- INA — Immigration and Nationality Act
- I-94 — Arrival/Departure record kept by CBP for nonimmigrants
- E-2 — Treaty Investor
- E-1 — Treaty Trader
E-2 eligibility conditions
- Canadian citizenship (permanent residents not eligible).
- At least 50 % of the US business owned by Canadian citizens.
- Substantial investment at risk in an operational US business (not marginal, not just a bank account).
- Active role of the applicant (developing, managing, operating). Not passive investment.
- Bona fide enterprise: for-profit, legal, producing goods or services.
"Substantial" — how much?
No fixed number in the law. Inverted sliding scale used by consulates and USCIS: the less capital a business needs to operate, the higher the percentage invested must be.
| Total business cost | % invested expected (typical) |
|---|---|
| ≤ $100,000 | 75–100 % |
| $100,000 – $500,000 | 60–75 % |
| $500,000 – $3,000,000 | 40–60 % |
| ≥ $3,000,000 | 30 % |
In practice, E-2 approvals start around $100,000 USD invested. Below that, many denials. Funds must be in the US business account (not just promised).
"Not marginal": generating more than subsistence
The business cannot be marginal — it must produce more than the income needed for the applicant's and family's subsistence. Criteria:
- Hiring US employees within 5 years.
- Substantial revenue exceeding personal needs.
- Detailed 5-year business plan with projections.
A dropshipping online shop generating only $50K/year profit will not qualify. A McDonald's franchise with 10 employees does.
Petition documents
Filed at US consulate (Montreal, Toronto, Vancouver, Calgary, Halifax, Quebec) with Form DS-160 + Form DS-156E (E-visa application). For Canadians, also possible to request at POE with complete dossier.
- Canadian citizenship proof (passport, certificate).
- Proof of ≥ 50 % ownership of US business (articles of incorporation, share certificates).
- Proof of investment (bank statements, purchase contracts, invoices, leases).
- Detailed 5-year business plan.
- Support letter explaining investment, role, projections.
- Visa fee $315 USD per person (DS-160).
Duration, renewal, and E-2D family
- Admission duration: up to 5 years (often 2–5 by consulate).
- Renewal: indefinite as long as investment remains active and substantial. No cumulative cap.
- E-2D spouse: can work in the US (incident-to-status authorization since 2022). Major advantage vs TN/TD.
- E-2D children: can study; lose status at 21.
TN vs E-2 for Canadians
| Criterion | TN | E-2 |
|---|---|---|
| Self-employment | No | Yes (ideal) |
| Investment required | None | ≈ $100K+ |
| Spouse work | No (TD) | Yes (E-2D) |
| Profession list | USMCA closed list | None |
| Time | Same day at POE | 2–4 months consulate |
| Fees | $56 | $315 + lawyer fees |
| Green card path | Indirect | Indirect (no dual intent) |
Formulaires officiels mentionnés (liens directs)
Liens vers la dernière version connue de chaque formulaire à la date de dernière révision. Vérifier que vous utilisez la version courante avant tout dépôt — c'est votre responsabilité. CanadaFlorida.com n'est pas responsable de l'usage que vous faites de ces liens.
- Form DS-160 — Online Nonimmigrant Visa Application. https://ceac.state.gov/genniv/
- Form DS-156E — E-Visa Application. https://travel.state.gov/content/travel/en/us-visas/forms.html
- USCIS — E-2 Treaty Investors. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- State Department — Treaty Countries (E-1, E-2). https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html
- USCIS Policy Manual Volume 2 Part E (E-1/E-2). https://www.uscis.gov/policy-manual/volume-2-part-l
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Sources and references
Public sources verified as of the last review date.
- USCIS — E-2 Treaty Investors. uscis.gov/e-2
- State Department — Treaty Countries (E-1/E-2 list). travel.state.gov/treaty-countries
- 9 FAM 402.9 — E Visas Foreign Affairs Manual. fam.state.gov/9-FAM-402.9
- INA §101(a)(15)(E)(ii). cornell.edu/§1101
- USCIS Policy Memo — E-2D spouse work authorization (2022). uscis.gov/e-2d-spouse-work
Disclaimer
This guide is for educational purpose only. Figures, rates, thresholds, timelines and rules are drawn from public sources at the date shown and may change.
For any concrete decision, consult a licensed US immigration attorney and a cross-border tax attorney.