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Applying for an E2 Visa as a Small Business Owner: A Guide for Canadians


The E2 visa is a non-immigrant visa that allows individuals from treaty countries, like Canada, to work in the United States based on an investment they will be controlling. This visa is particularly beneficial for small business owners who wish to expand their operations into the U.S. market. This blog post will guide you through the process of applying for an E2 visa from Canada.

Eligibility Criteria

Before applying, it’s important to understand the eligibility criteria for an E2 visa:

  1. Treaty Country: The investor must be a national of a treaty country. Canada is a treaty country, so Canadian citizens are eligible.
  2. Investment: The investor must have invested or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the U.S.
  3. Control of Funds: The investor must demonstrate control of the funds, and the investment must be at risk in the commercial sense.
  4. Job Creation: The investor must plan to develop and direct the enterprise and the investment must be more than a marginal one solely for earning a living.

Application Process

The application process for an E2 visa involves several steps:

  1. Form DS-160: Complete the Online Non-immigrant Visa Application, Form DS-160. This form will ask for information about your background and the purpose of your trip to the U.S.
  2. Supporting Documents: Gather all necessary supporting documents, which may include proof of investment, a business plan, and evidence of your intent to return to Canada.
  3. Interview: Schedule and attend a visa interview at the U.S. Embassy or Consulate. During the interview, a consular officer will determine whether you are qualified to receive an E2 visa.

Book a Consultation With Our US Immigration Lawyers

Applying for an E2 visa as a small business owner can be a complex process, but with careful planning and preparation, it can open up significant opportunities for business growth in the U.S. market. Always consult with an immigration attorney to ensure you meet all the requirements and your application process goes smoothly.

Remember, this blog post is a general guide and does not constitute legal advice. Always consult with a legal professional for advice on your specific situation. Contact our US immigration lawyers for a consultation if you require legal assistance in this regard.