Securing an E-2 Treaty Investor Visa allows international business owners to live, work, and build commercial enterprises in the United States. In a recent case, Malescu Law secured a 5-year E-2 visa approval—the maximum duration available under the U.S.–Canada Treaty—for Canadian entrepreneurs launching a brand-new boutique pilates studio in Arizona.
Submitted to the U.S. Consulate General in Toronto, the case was reviewed and approved in 3 months without Requests for Evidence (RFEs). The principal investor and their entire family were granted 5-year E-2 visas.
E-2 Visa Case Highlights at a Glance
- Nationality: Canadian Citizens
- U.S. Enterprise: Boutique Pilates Studio
- Location: Arizona, United States
- Adjudicating Post: U.S. Consulate General – Toronto, Canada
- Total Project Start-Up Cost: Approx. $250,000
- Capital Invested at Filing: Approx. $85,000
- Consular Processing Time: 3 Months (from submission to visa issuance)
- Decision: Approved for 5 Years (No RFE)
How the Investor Met E-2 Visa Requirements for Canadian Citizens
To qualify for an E-2 Investor Visa, foreign nationals must satisfy rigorous criteria established by U.S. immigration law. Below is how this Arizona pilates studio startup fulfilled every E-2 visa requirement:
1. Treaty Country Nationality
Canadian citizens are eligible to apply for E-2 treaty investor status. In this case, the principal investor proved direct ownership of the U.S. entity by maintaining at least 50% ownership in the business.
2. Substantial and “At-Risk” Investment
The E-2 visa requires a “substantial” investment relative to the overall cost of establishing or purchasing the enterprise:
- Total Startup Cost: The budget to fully launch the 1,600 sq. ft. studio was estimated at $250,000.
- Capital Invested Prior to Filing: By the time the petition was submitted to the U.S. Consulate in Toronto, the investor had spent approx. $85,000 in irrevocably committed funds.
- Deployment of Funds: Capital was actively utilized for physical equipment (pilates reformers, customized fitness equipment), architectural buildout plans, lease payments, legal formation, and other professional services.
3. Real, Active, and Commercial Enterprise
The enterprise cannot be a passive or speculative investment (such as holding land or stocks). The applicants proved they were launching an active, brick-and-mortar commercial enterprise:
- Leased Premises: Secured a 1,600 sq. ft. commercial retail space in Arizona.
- Architects & Contractors: Hired professional architects to draft buildout plans compliant with local zoning and commercial guidelines.
- Revenue Model: The business operates as a dual-stream revenue model providing 50-minute group/private fitness training sessions alongside retail athletic apparel and equipment sales.
4. Non-Marginality & Job Creation
An E-2 business must generate significantly more income than just covering the basic living expenses of the investor and their family. Our legal team presented an E-2 5-year business plan demonstrating:
- Financial projections showing strong local market demand in Arizona.
- Planned hiring of local U.S. workers (instructors, administrative managers, and front-desk staff) over the initial operational years.
5. Investor Directing and Developing the Enterprise
The applicant demonstrated the managerial background necessary to successfully control, direct, and expand the U.S. pilates studio.
U.S. Consulate Toronto E-2 Visa Timeline & Family Benefits
- 3-Month Adjudication: E-2 visa applications for Canadians are processed through the E-2 unit at the U.S. Consulate in Toronto. The entire process—from initial document package submission to interview and passport issuance—was completed in 3 months.
- No RFE: Thanks to a thorough, fully compliant evidence binder detailing the legal origin of capital and financial disbursements, the consulate approved the case without requesting additional evidence.
- 5-Year Maximum Visa Validity: The principal investor and family members received full 5-year E-2 visa stamps in their Canadian passports.
- Derivative Status for Spouses & Children: The investor’s spouse is eligible for employment authorization in the U.S. (work authorization incident to status), and unmarried children under age 21 can attend U.S. schools without a student visa. To learn more, visit E-2 visa for spouse and dependents.
Overview of E-2 Visa
The E-2 Investor Visa is a nonimmigrant visa for nationals of treaty countries to live and work in the U.S. by investing in a US business. This visa also extends to the investor’s spouse and unmarried children under 21. Furthermore, E-2 businesses can bring E2 employees in executive, managerial, or specialized roles essential to the firm’s operations in the U.S. You can establish a new business or buy an existing business to qualify for the E-2.
You can apply for E2 visa at a US Consulate abroad or through change of status to E2, if you are in the US. Keep in mind that applying for E2 while in the US is possible under certain circumstances, but is not available to individuals travelling to the United States on ESTA.
To learn more about visas for Canadians, visit E2 visa for Canadians and US visa for Canadian citizens.
To learn more about the options available for children aging out E2 visas visit Children aging out of E2 visa: What are their options?
Find out more about other E-2 visa success stories and approvals, E-2 visa renewal process, other investment visa options, , E-2 for Australians, E-2 for UK Citizens and other visa options to start a business in the US for you.
Consult Malescu Law for E-2 Visa Applications
Planning to purchase or launch a business in the United States? Malescu Law represents international entrepreneurs, foreign companies, and investors navigating the E-2 visa process. Our team prepares E-2 application packages tailored to U.S. Consular standards worldwide.
Our E2 visa lawyers specialize in E-2 visa applications, including those involving existing business acquisitions, holding companies, complex corporate structures or E2 visa refusals.
We provide a full E2 visa service model, including:
- Business formation and corporate structure
- Legal and financial due diligence.
- E2 business plan drafting.
- Professional business valuations.
- Comprehensive case strategy for complex E2 visa applications.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a strategy consultation with our experienced E-2 visa lawyers today.
Malescu Law P.A. – Business & Immigration Lawyers