Immigrating from Canada to the U.S. with an E-2 Visa
For many Canadian entrepreneurs and investors, the United States represents a land of business opportunity, innovation, and market expansion. Whether you’re launching a startup, acquiring a franchise, or investing in an existing business, one of the most practical ways of immigrating from Canada to the U.S. is the E-2 Treaty Investor Visa. This visa provides a flexible, renewable pathway for Canadians looking to immigrate from Canada to the U.S. through business ownership.
In this article, we explore what the E-2 visa is, its key benefits, requirements, and how Canadians can take advantage of this powerful immigration tool.
What is the E-2 Visa?
The E-2 visa is a nonimmigrant visa designed for citizens of countries that maintain a treaty of commerce and navigation with the United States. Canada is one of those countries, meaning Canadian citizens are eligible to apply.
The purpose of the E-2 visa is to allow foreign nationals to enter and work in the U.S. based on a substantial investment in a U.S. business. The visa holder must either be starting a new business or purchasing an existing one and must play an active role in directing and developing the enterprise.
Although the E-2 is not a green card (permanent residency), it can be renewed indefinitely as long as the business remains operational and the visa requirements are met.
Why the E-2 Visa is Ideal for Canadians
The E-2 visa offers several advantages that make it particularly appealing to Canadian investors:
- No set minimum investment amount, though most successful applications involve $100,000 or more.
- Fast processing time, especially through the U.S. Consulate in Toronto, Vancouver, or Montreal.
- No annual visa cap like the H-1B, meaning applications are not subject to a lottery system.
- Renewable indefinitely, as long as the business remains viable.
- Spouses can work in the U.S. under a separate employment authorization, and children under 21 can attend school.
Key Requirements for the E-2 Visa
To qualify for an E-2 visa, Canadian investors must meet several criteria:
1. Citizenship
The applicant must be a citizen of Canada (permanent residents are not eligible unless they hold Canadian citizenship).
2. Substantial Investment
There is no formal minimum investment amount, but it must be “substantial” in relation to the type of E2 business for sale. Typically, the investment should be at least $100,000, though smaller investments can be approved if the business model justifies it.
3. Real and Operating Enterprise
The business must be active, real, and generating—or expected to generate—income. Passive investments like real estate held for appreciation do not qualify.
4. At-Risk Capital
The investment must be personal funds placed at risk. This means the funds must be committed to the business and subject to loss.
5. Ownership or Control
The applicant must own at least 50% of the U.S. business or have operational control through a managerial position or other corporate role.
6. Intent to Depart the U.S.
Because the E-2 is a nonimmigrant visa, the applicant must intend to return to Canada when the visa expires (even though renewals are allowed indefinitely).
Popular E-2 Business Types for Canadians
Many Canadians pursue the E-2 visa through one of the following business types:
- Franchises: Pre-established brands with support systems can be a great entry point.
- Hospitality Businesses: Cafés, boutique hotels, or restaurants near tourist areas.
- Service-Based Companies: Consulting firms, digital agencies, or property management businesses.
- Retail Stores: Health products, fashion, or specialty retail in high-traffic locations.
- Online Businesses: If physically based in the U.S. and employing American workers.
The key is choosing a business that demonstrates viability, job creation potential, and a real operating structure.
The Application Process
Here’s a typical step-by-step overview of the E-2 visa process for Canadians:
Step 1: Develop a Solid Business Plan
A detailed business plan showing projected income, expenses, staffing, and market analysis is critical. It should demonstrate that the business will support more than just the investor.
Step 2: Register the U.S. Business Entity
Form a U.S. company (usually an LLC or corporation) and open a U.S. bank account.
Step 3: Make the Investment
The funds must be committed and “at risk,” often including lease agreements, equipment purchases, and initial operating expenses.
Step 4: Compile Your E-2 Visa Application
This includes proof of investment, business plan, personal background documents, ownership documents, and ties to Canada.
Step 5: Apply at a U.S. Consulate
Canadians typically apply through the U.S. consulates in Toronto, Montreal, or Vancouver. Wait times vary, but approvals can happen in a matter of weeks.
What About Your Family?
Spouses and children under 21 may accompany the E-2 visa holder. The spouse can apply for work authorization (Form I-765) and work for any U.S. employer, while children can attend school but not work. Children must either switch to another visa category or leave the U.S. when they age out at 21.
Renewal and Staying Long-Term
The E-2 visa is typically issued for 5 years for Canadians and can be renewed indefinitely. However, it does not lead directly to permanent residency (green card). If long-term residency is a goal, E-2 visa holders sometimes transition to other visa types, such as the EB-5 Immigrant Investor Program or family-based sponsorship.
Final Thoughts
For Canadians seeking to expand their entrepreneurial ambitions into the United States, immigrating from Canada to the U.S. is the E-2 visa which offers a powerful and relatively accessible pathway. It provides the flexibility to start or buy a business, live and work in the U.S., and bring your family with you. With careful planning, legal guidance, and a solid business foundation, the E-2 visa can be the bridge between your Canadian success and a new chapter in the American market.
Before beginning the process, it’s wise to consult with an experienced U.S. immigration attorney and business advisor who understands both the legal and commercial components of the E-2 journey. Contact Truforte Business Group today, to achieve your American dream —if you’re ready to invest in it.