9 FAM 402.9Treaty investor rules, US Department of State
Self-check · 6 questions

E-2 visa checklist for Canadian investors

An E-2 visa checklist in six questions: the points a consular officer checks under 9 FAM 402.9, with the rule behind each one.

Your answers stay in this browser and are not sent to Mayo Law. No result predicts what a consular officer will decide.

Questions
6About two minutes
Rule behind it
9 FAM 402.9US Department of State
For
Canadian citizensWho will invest in and run a US business
Not covered
E-2 employees, the E-1 visaOr a change of status inside the US
The check

Six points an officer looks at.

The E-2 treaty investor visa lets a Canadian citizen live in the United States to run a business they have invested in. A consular officer decides each case against the rules in the State Department's Foreign Affairs Manual (9 FAM 402.9). Answer the six questions below to see which points your file already covers and which ones need work before you apply. Where you answer "not sure", your result says what usually settles that point, such as bank statements for the source of funds or ownership papers for directing the business.

  1. 01
    I am a citizen of Canada or another E-2 treaty country (permanent residence alone does not qualify)

    Canadian permanent residents who are not Canadian citizens cannot use Canada's treaty. When a company invests, treaty nationals must own at least half of it.

    Rule: 9 FAM 402.9-4(B): Nationality

  2. 02
    The source of the funds I will invest is documented

    Think of the paper trail: where the money came from, and how it moved into the US business.

    Rule: 9 FAM 402.9-6(B): Investment

  3. 03
    The investment is substantial relative to the cost of establishing or purchasing this type of business

    There is no fixed minimum. A lower-cost business generally needs a higher share of its cost invested.

    Rule: 9 FAM 402.9-6(D): Investment must be substantial

  4. 04
    The business is more than marginal: it can generate more than enough income to support my family

    A business that only pays the investor a modest living is marginal. Jobs for US workers and growth plans help show the opposite.

    Rule: 9 FAM 402.9-6(E): Enterprise must be more than marginal

  5. 05
    I have, or am preparing, a business plan that ties to the investment and the staffing trajectory

    The manual does not name a business plan as a legal requirement, but a new business usually shows its future income and hiring through one.

    Rule: 9 FAM 402.9-6(E): Enterprise must be more than marginal

  6. 06
    I will be coming to the US to develop and direct the enterprise

    Owning at least 50 percent, or holding operational control through a management role or other arrangement, is how this is usually shown.

    Rule: 9 FAM 402.9-6(F): Develop and direct the enterprise

What each result means

Three possible results

Lines up

Your answers line up with the main E-2 points

On these six points, your plans may fit the E-2 rules. The officer still weighs the evidence: the documents that prove each point, the business itself and the interview. The full guide to what an E-2 file must prove explains what officers look for on each one, and applying from Canada covers how the process runs from Toronto.

Needs a closer look

Some points need work or a closer look

At least one answer is "not sure", or "no" on a point you can usually prepare before applying: the paper trail for the funds or the business plan. These gaps are common and can often be closed before an application. Your result lists each point and what would change it. It is worth checking with a lawyer which points need evidence before you invest more.

Points away

At least one point the E-2 requires is not met today

Four of the six points are E-2 requirements: treaty nationality, a substantial investment, a more-than-marginal business and directing the business. A "no" on any of them means that point is not met today. Some can change before an application, such as the size of the investment. Others, such as Canadian permanent residence without Canadian citizenship, point to another route. The guide to US work visas for Canadians compares the TN, L-1, E-2 and other options.

The rule behind each question

What your answers mean

  1. 01Treaty nationality

    The investor must have the nationality of the treaty country. A company that invests must be at least 50 percent owned by nationals of that country. 9 FAM 402.9-4(B): Nationality

  2. 02Documented source of funds

    The money must come from a lawful source and be at risk in the business, committed to it, not just sitting in an account. Officers expect records that trace the funds from their origin to the enterprise. 9 FAM 402.9-6(B): Investment

  3. 03Substantial investment

    The officer compares the amount invested with the total cost of buying or starting this kind of business (a proportionality test). The manual says no set dollar figure is the minimum. 9 FAM 402.9-6(D): Investment must be substantial

  4. 04More than marginal

    The enterprise must have the present or future capacity to make more than a minimal living for the investor and family, or a significant economic contribution. For a new business, that capacity should generally be realizable within five years of starting normal business. 9 FAM 402.9-6(E): Enterprise must be more than marginal

  5. 05Business plan

    For a new enterprise, the officer judges future capacity from projections. A business plan that links the money invested to revenue and hiring over about five years is the usual way to show it. 9 FAM 402.9-6(E): Enterprise must be more than marginal

  6. 06Develop and direct

    The investor must be in a position to develop and direct the business, through ownership of at least 50 percent or operational control. 9 FAM 402.9-6(F): Develop and direct the enterprise

Two ways to start

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This self-check is general information, not legal advice. Your answers stay in your browser and are not sent to Mayo Law. Using it does not create a lawyer-client relationship, and no result predicts what a consular officer will decide.

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Whether your E-2 points line up or need work, a lawyer can review the file before you invest more.