U.S. Non-Immigrant Visa · Investor Category · Treaty Countries

Live and Work in the United States Through Your Business

The E-2 visa allows Canadian nationals and other treaty-country investors to live and work in the United States by investing in a U.S. enterprise. With no fixed minimum investment and indefinite renewability, it’s the most flexible U.S. pathway for entrepreneurs.

Get Free E-2 Assessment Download E-2 Checklist
Canada
is an E-2 treaty country
5 years
visa validity (renewable)
3–6 mo.
typical processing time
No min.
fixed investment threshold

What Is the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa is a U.S. non-immigrant visa that allows nationals of treaty countries — including Canada — to enter and work in the United States based on a substantial investment in a U.S. business. Unlike the EB-5 investor visa, the E-2 has no fixed investment floor and does not require a set number of U.S. jobs created.

It’s particularly well-suited for entrepreneurs purchasing or establishing franchise operations, restaurants, retail businesses, technology companies, and service firms. It allows the investor to live and work in the U.S., and their spouse can apply separately for Employment Authorization (EAD), allowing them to work freely in any U.S. sector.

Because Canada is a treaty country, Canadian nationals can apply at a U.S. Consulate in Montréal or Ottawa — without needing to first enter the U.S. or retain a separate U.S.-based attorney. Leiter Rahme, with NYSBA admission, handles the full process from Montréal.

E-2 Visa Eligibility Requirements

✓
Nationality of a Treaty Country

You must be a national of a country that has a bilateral investment treaty with the United States. Canada qualifies.

✓
Substantial, At-Risk Investment

The investment must be substantial relative to the total cost of the enterprise — typically $100,000+ in practice, though lower amounts may qualify for small businesses. Funds must already be committed and at risk.

✓
Active Investment (Not Passive)

The E-2 does not cover purely passive investments like stocks or real estate rentals. You must be actively involved in directing the enterprise.

✓
Real, Operating Enterprise

The business must be genuine and operational — not a paper company or uncommitted potential investment.

✓
Investor Must Have a Directing Role

You must be in a controlling or essential role — owner, director, or key specialist — not a passive investor.

✓
Non-Marginal Business (Must Generate Income)

The enterprise must do more than generate a subsistence income for the investor. USCIS considers job creation and scale of operation.

The E-2 Application Process

1
Eligibility & Strategy Assessment

We evaluate your nationality, investment amount, business model, and source of funds to determine whether the E-2 is the right pathway — and how to structure the investment to maximize approval probability.

2
Business Plan Preparation

We prepare a full USCIS-compliant business plan with 5-year financial projections, market analysis, job creation forecasts, and an explanation of how the business is non-marginal. This document is often the difference between approval and denial.

3
Document Assembly & Source of Funds

We prepare your complete DS-160 package: investment evidence, bank statements showing lawful source of funds, lease agreements, business registration, organizational documents, and all supporting evidence.

4
U.S. Consulate Interview Preparation

We schedule your interview at the U.S. Consulate in Montréal or Ottawa and conduct a full mock interview — preparing you for the officer’s likely questions about investment, role, and intent.

5
Visa Issued / Entry to the United States

Most E-2 applicants from Canada receive a 5-year visa valid for multiple entries. Each entry typically grants two years of authorized stay. The visa is renewable indefinitely as long as the business remains operational.

Processing Timeline
Initial consultationWeek 1
Business plan preparationWeeks 2–5
Document assemblyWeeks 5–8
Consulate appointmentWeeks 8–14
Visa decisionDay of interview
Total (typical)3–5 months
Investment & Costs
Minimum investment (practical)$100,000–$150,000+
U.S. Consulate application fee$315 USD
Attorney legal feeContact for quote
Business plan preparationIncluded
Document translationAs needed
SEVIS fee (if applicable)$200 USD
Notre Avantage

Why Leiter Rahme for Your E-2 Application?

We are the only Montréal firm with NYSBA admission — meaning we handle your E-2 application with the same legal authority as a New York attorney, at a fraction of the cost, in your preferred language.

  • ✓ NYSBA-admitted — no need for a separate U.S. attorney
  • ✓ We’ve written E-2 business plans across 12+ industries
  • ✓ Mock consulate interview preparation included
  • ✓ Available in English, French & Arabic
  • ✓ Flat-fee pricing — no hourly billing surprises

E-2 Visa FAQ

FAQ Schema · JSON-LD Structured Data · Rich Snippet Eligible

What counts as a ‘substantial’ E-2 investment? +
Substantiality is proportional, not a fixed dollar figure. The investment must be large relative to the total cost of the business. A $100,000 investment in a $120,000 business is more compelling than $500,000 in a $10 million enterprise. Funds must be irrevocably committed and at risk.
Can I purchase an existing U.S. business for E-2? +
Yes. Purchasing an existing, operating business is one of the most common and reliable E-2 strategies, as it demonstrates a real enterprise with established revenue and employees from day one.
Does the E-2 visa lead to a Green Card? +
The E-2 is a non-immigrant visa and does not directly lead to permanent residency. However, many E-2 holders later transition to EB-5 or an employment-based green card. We advise on long-term pathways during your initial strategy assessment.
Can my spouse work on E-2 status? +
Yes. The spouse of an E-2 investor can apply for an Employment Authorization Document (EAD) and work freely in any U.S. sector — not just within the investor’s business.
What happens if my E-2 visa is denied? +
Consular E-2 denials are common where the business plan is weak or source of funds is unclear. A denial is not always final — we assess the grounds and can often restructure and reapply with strengthened evidence.

Ready to pursue your E-2 Investor Visa?

Free 15-minute consultation with a NYSBA-licensed attorney. We assess your investment, business concept, and approval probability at no cost.

Book Free E-2 Consultation or call +1 (514) 000-0000