Canada ranks among the leading countries for E-2 visa candidates. Canadian entrepreneurs are keen on relocating to the United States, which in turn welcomes them enthusiastically. Numerous factors motivate Canadian businesspeople to make this move to their southern neighbor. For some, it is the more favorable climate; for others, it is the robust economy and lower tax rates. Additionally, some seek to be nearer to friends and family, to secure venture capital, or to provide their children with enhanced opportunities.
An E-2 Visa allows Canadians to establish or invest in a business within the United States. To be eligible, applicants must commit a "substantial" amount of capital to a U.S. enterprise and must take an active role in its operations. While E-2 Visas are restricted to entrepreneurs from specific treaty nations, Canadian citizens have been eligible since 1994. Due to the broad nature of the requirements, this business visa may be easily overlooked; however, it can serve as an excellent option for Canadian investors seeking to reside in the United States.
The E-2 Visa is known as a non-immigrant visa, which means it does not right lead to a Green Card, although it can be recommenced evermore. While it does not confer American citizenship, there are Canadians who have resided in the U.S. on an E-2 Visa for many years. Additionally, the applicant's spouse and unmarried children under the age of 21 may also qualify for visas that permit them to work or study in the United States.
There is no stipulated minimum investment, with some Canadians receiving E-2 Visa approval after investing as little as USD 80,000. Unlike other non-immigrant visas, E-2 entrepreneurs are not required to maintain a foreign residence, which presents a significant advantage. This flexibility allows Canadians to sell their primary residence when relocating to the U.S., thereby assisting them in achieving non-resident tax status with the Canada Revenue Agency.
Key Advantages of the E2 Visa
Unlimited Residency in the United States – Holders of the E2 Visa may reside in the United States indefinitely, provided they maintain a business that complies with the E2 Visa criteria.
Typically, individuals can gain entry into the United States within a few months once all necessary documentation is prepared.
No Minimum Investment Requirement – In contrast to the EB-5 Program, which mandates an investment ranging from $900,000 to $1,800,000, the E2 Visa does not impose a minimum investment threshold. For further details regarding E2 investment.
Employment Opportunities for Spouses
Educational Access for Children
What are the Requirements for an E2 Visa?
If you want to invest in an ongoing business in the United States, start a new enterprise, or have an interest in a new venture, you may be certified to apply for an E2 Visa. The essential eligibility criteria include:
The business must primarily employ American workers.
The business must operate for profit.
The applicant must possess at least a 50% ownership stake in the business.
The individual must hold a managerial or supervisory position and demonstrate operational control.
The candidates must have funded substantial capital in the pursuit.
The investment should aim to generate profit within the next five years.
The applicant must show a genuine commitment to successfully manage and develop the business.
The business must engage in trade relations with other U.S. enterprises.
The applicant should have prior experience as an entrepreneur.
The business associated with the E2 Visa must be operational and established. Merely having good intentions or plans will not suffice for a successful application, regardless of available funds or proposed plans. Additionally, the business must generate significant income or have a considerable economic impact on the United States.
Certain types of funds are not acceptable as business investments for an E2 Visa application. For instance, loans secured against the business's assets do not qualify as investments, although personal mortgages or equity lines may be acceptable.
If you are concerned about transferring funds before receiving the E2 Visa, you may be able to place the investment amount in safeguarding. Once you provide proof of available funds and intentions, the investment will be transferred to the business's U.S. bank account after the visa approval.
Documents Are Necessary for an E2 Visa Application
When applying for an E2 Visa, it is essential to submit a supporting letter printed on the company’s letterhead, which should include the following details:
The relationship of the applicant to the company
The financial performance of the business
Articles of Incorporation or Organization
Certificates and documentation verifying the applicant’s ownership of the company
Relevant licenses and proof indicating current and prospective work
IRS tax returns for existing businesses and/or comprehensive plans for future enterprises
A copy of the biodata pages of the passports of all other business owners.
Process to Apply
To initiate the application process for an E2 Visa, the first step is to register your business with the E-Visa Unit. The following steps must be completed for your company to be evaluated by the E-Visa Unit:
Complete the DS-160 Visa application form online.
Create an account on the Visa Appointment Service website, where you will pay the application fee and arrange for the delivery of your password after attending the visa interview.
Submit all necessary documents for the application via email. A comprehensive list of required documentation and submission guidelines can be found on the website.
After your application has been finalized and reviewed, you will receive a notification regarding the date of your visa interview. It is crucial to attend this interview within 90 days of receiving the offer, as failure to do so will result in the expiration of your application, necessitating a complete restart of the process.
If your business is already registered with the E-Visa Unit, you may directly schedule your visa interview through the US Visa Appointment Service. There is no need to submit documentation beforehand; however, you may be advised to bring certain documents to the interview. It is advisable to inquire about any required materials if you have not received specific instructions, as being unprepared can delay the application process. Typically, a decision regarding your E2 Visa application will be made within two to four weeks following your interview, so it is essential to be adequately prepared to avoid prolonging the process.
E-2 Visa Fee for Canadians
The expense associated with acquiring a United States Business Visa can differ based on an individual's nationality. This variation arises from the government processing fee, which is determined by a reciprocity schedule. As of 2024, the fee for Canadian citizens applying for the E-2 Visa is USD 215 per individual, which includes spouses and children. Previously, Canadians were subject to a higher fee due to a USD 40 "visa reciprocity fee"; however, this fee has been removed, and Canadians are now required to pay only the standard DS-160 fee.
Conclusion
The E-2 visa process can be intricate, especially when assessing what constitutes a substantial investment. It is advisable for prospective investors to seek legal counsel to confirm that their investment aligns with the required standards and to effectively present their case to USCIS or the relevant U.S. consulate. By comprehending these detailed requirements, investors can enhance their chances of successfully obtaining an E-2 visa and initiating their entrepreneurial or investment endeavors in the United States.
