U.S Immigration and Mobility
Mayo Law helps treaty country nationals, entrepreneurs, business owners, and essential employees secure E-2 visas to invest in and operate U.S. businesses. From the initial investment structure and business plan through to the consular interview, renewal, and dependent visas for your spouse and children — we handle the legal side of your E-2 application end to end, out of our Toronto and New York offices, across Canada, and globally.
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The E-2 visa is a U.S. non-immigrant visa that allows nationals of countries with a qualifying treaty of commerce with the United States to enter and work in the U.S. based on a substantial investment in a bona fide U.S. business. It is renewable indefinitely as long as the business continues to operate and the investor maintains treaty country nationality. The E-2 visa also permits dependent spouses and unmarried children under 21 to accompany the principal investor, with E-2S work authorization available for spouses.
Yes — Canada is an E-2 treaty country (treaty effective January 1, 1994), and Canadian citizens are directly eligible to apply.
Canadian E-2 applicants receive among the most favorable terms available: 5-year multiple-entry visas with no reciprocity fee, processed through the U.S. Consulate General in Toronto. To qualify, you must be a Canadian citizen (permanent residents are not eligible — citizenship is required), invest a substantial amount of capital in a bona fide U.S. business, and be coming to the U.S. solely to develop and direct that enterprise.
If you also hold dual citizenship in another treaty country, you can apply on either passport. For Canadian residents who are not citizens, alternative pathways include the EB-5 investor green card, L-1 intra-company transfer, or O-1 extraordinary ability visa.
There is no statutory minimum investment for the E-2 visa. What matters is that the investment is “substantial” relative to the cost of establishing or purchasing the type of business in question, and that the business is more than marginal — meaning it has the capacity to generate more than enough income to support the investor and their family. In practice, most successful E-2 cases involve investments in the range of USD $100,000 to $500,000+, though smaller and larger investments are approved depending on the industry and business model.
Timelines vary by U.S. consulate and case complexity. For consular processing, expect 8 to 16 weeks from the start of preparation (business plan, source of funds documentation, entity formation) through the consular interview. Some consulates schedule E-2 interviews faster than others. For applicants already in the U.S. on another status, an E-2 change of status filed with USCIS (Form I-129) typically takes 4 to 8 months under standard processing, or about 15 business days with premium processing.
Yes. Since 2022, spouses of E-2 visa holders receive automatic work authorization once they are admitted to the U.S. in E-2S status. They no longer need to file a separate Employment Authorization Document application — the I-94 admission stamp in E-2S status itself serves as proof of work authorization, valid for any U.S. employer. Children under 21 can attend U.S. schools but cannot work.
The E-2 visa is non-immigrant, meaning it is not a direct path to a green card. However, E-2 investors frequently transition to permanent residency through one of several pathways: the EB-5 investor green card (if the investment can be restructured to meet EB-5 minimums), the EB-1C multinational manager green card (if the E-2 business has a qualifying foreign parent or affiliate), the EB-2 National Interest Waiver (for investors whose business has demonstrable national-level impact), or employer-sponsored EB-2 or EB-3 green cards through PERM.
A 221(g) is administrative processing, not a denial — the consular officer wants additional documentation or background checks before issuing a decision. Most 221(g) cases resolve with a structured response and additional evidence. Outright denials typically involve issues with substantiality, source of funds, marginality, or the bona fides of the business. Options after a denial include refiling with a strengthened case, applying at a different consulate, or pivoting to a different visa strategy such as L-1, EB-5, or H-1B depending on the investor’s profile.
E-2 visas are issued for varying periods depending on the U.S. consulate and the applicant’s nationality — typically between 2 and 5 years. They can be renewed indefinitely as long as the underlying E-2 business continues to operate substantively, the investor retains treaty country nationality, and the application requirements continue to be met. Some consulates require an in-person interview at each renewal; others permit renewal without interview if the underlying case has not materially changed.
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