More and more Canadians are exploring opportunities to expand or relocate their businesses to the United States. One of the most flexible visa categories available is the E-2 Treaty Investor Visa, which allows Canadians to live and work in the U.S. for an initial period of up to five years, with the possibility of renewals as long as the business remains active.
The E-2 visa does not require a specific dollar amount of investment. Instead, the focus is on whether the business is active, for-profit, and backed by a substantial investment that demonstrates the investor’s commitment.
What Types of Businesses Qualify?
The U.S. immigration rules do not provide a fixed list of approved businesses. Instead, the key is that the business must be real and operating, not a passive holding of assets. Here are some common examples that can meet the requirements:
Active Service and Retail Businesses
Restaurants, retail shops, cleaning services, fitness centers, and other service-oriented businesses often qualify because they actively generate income and employ U.S. workers.
Franchise Opportunities
Many Canadians choose to purchase a U.S.-based franchise. With a strong brand and proven business model, franchises can be a reliable pathway for an E-2 visa, provided the investor is actively involved in management.
Professional and Consulting Firms
Businesses in IT, marketing, education, management, or other consulting fields can qualify, especially when supported by a detailed business plan and proof of client engagement.
Startups and Innovative Ventures
Technology companies and startups may also be approved if they show a clear strategy for growth, sufficient funding, and the potential to create jobs in the U.S.
Property Management Companies
While buying and holding property is considered passive and not eligible, real estate management businesses that oversee and operate rental properties for clients may qualify, since they involve active operations.
Key Considerations for Canadians
- Active Involvement: You must play a direct role in running the business, not simply invest capital.
- Substantial Investment: The amount invested must be enough to make the business viable and show commitment.
- Job Creation and Revenue: The enterprise should contribute to the U.S. economy, ideally by creating jobs or generating consistent income.
- Business Plan: A strong, realistic business plan is critical to show USCIS how the business will succeed.
Final Thoughts
The E-2 visa offers Canadians a flexible pathway to live and work in the U.S. while pursuing entrepreneurial goals. Choosing the right type of business — and preparing a thorough, well-documented application — is essential for approval.
At NPZ Law Group, we guide Canadian investors through every step of the E-2 process, from assessing the business model to preparing the required documentation and representing clients before U.S. immigration authorities.
FAQs
Q: Can I qualify for an E-2 visa by purchasing real estate?
A: No. Passive investments such as property ownership do not qualify. However, an active real estate management company may qualify.
Q: How long is the E-2 visa valid for Canadians?
A: Typically up to five years, with renewals available as long as the business remains operational.
Q: Do I need to hire employees right away?
A: While hiring U.S. workers strengthens the case, the main requirement is that the business is active and capable of generating more than just minimal income.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.