Last Updated on June 8, 2024 by Anda Malescu
The article discusses the particularities of E-2 visa for Canadians and how to immigrate to USA on E2 visa from Canada.
The E-2 Treaty Investor visa program was not created specifically for Canadian citizens, and is available to citizens of other treaty countries that maintain a Treaty of Commerce and Navigation with the US. However, the E-2 visa is especially popular with Canadian citizens who are looking to invest and do business in the US.
Before we dive into all the details of E-2 visa for Canadian citizens, we need to answer some important questions about the E-2 visa in general.
What is E-2 visa?
The E2 Visa is a nonimmigrant visa for investors and entrepreneurs from treaty countries who are looking to do business in the United States. To qualify for E2 visa, individuals can start a new business in the US, or purchase an existing business or franchise. To learn more about franchising in the US, visit franchising solutions.
In addition, E2 visa allows foreign investors to bring essential employees from their home country on E-2 visas as well. These employees can provide critical assistance in running the business.
With an E2 visa you do not become a permanent resident of the United States (green card holder) automatically, but you can apply for a green card separately, as long as you meet specific requirements. However, keep in mind that the E-2 visa is a stepping stone, not an automatic path to permanent residency (green card).
The E-2 visa allows you to live in the U.S. temporarily to run your business. This visa is available specifically to citizens of treaty countries, and Canada is one of them. That means you can bring your spouse and children along too.
Who is eligible for E-2 visa for Canadians?
To be eligible for E-2 Visa for Canadians you must be a Canadian citizen, born or naturalized. Permanent residents of Canada do not qualify for E-2 Visa, but they may be eligible if their country of citizenship has an E-2 Treaty with the US. Visit the full list of E-2 countries for up to date information.
E2 visa for Canadians starting a new US business
Canadians can obtain an E2 visa for starting a new US business.
While Canadians can apply for E2 visas to launch a new US business, simply incorporating a company in the United States is not enough. To qualify for E2 visa as a Canadian, your new US business must be operational or on the brink of starting operations by the time your visa is approved.
There are two key points to remember:
E2 visas for Canadians are not limited to starting a new US business. You can also qualify by buying an existing US business or franchise. The key is to remember that whichever path you choose, meeting all E-2 visa requirements is essential for your application’s success.
E–2 visa requirements for Canadian citizens
Canadian citizens must meet the following requirements to apply for E-2 visa for Canadians:
Can Canadian employees get an E-2 visa?
The E-2 visa is also available for Canadian employees. Canadian employees can obtain an E-2 visa through their employer. Only Canadian managers, executives, or essential employees with specialized knowledge can qualify for E-2 visa.
A U.S. company with a Canadian owner (individual or business) may be able to bring qualified Canadian managers, executives, or essential knowledge workers to the U.S. under E-2 visas. However, these employees need to meet specific qualifications, regardless of the owner’s E-2 visa status.
Canadian E-2 Visa Investment: How Much is Enough?
The E-2 investment for Canadian citizens must be sufficient to give the business a decent chance to become successful. Therefore, the capital required for the E-2 visa varies based on the type of business.
Additionally, the location of the US business matters. For example, to open a restaurant in rural Louisiana, you need to invest less than $70,000. However, to open a restaurant in Miami it may cost more than half a million dollars.
How can Canadians get an E2 visa?
We recommend Canadian citizens to consult an immigration lawyer at the onset of the E-2 visa process. This ensures your investment strategy aligns perfectly with E-2 visa requirements.
An experienced E2 Visa lawyer can advise you on a variety of questions including best businesses for E-2 visa. Moreover, an attorney can assist with structuring the transfer of funds and establishing the origin of the investment. They can address ongoing questions, prepare the application and train you for E2 interview. Finally, they can represent you before the US Consulate in Canada.
You must first decide if you want to purchase an established business or franchise, invest in an existing business with a partner, or launch a new business.
As part of the E2 visa application, a Canadian investor may need assistance with:
Apply at US Consulate Toronto
Once you’ve finalized your investment, your lawyer prepares your E-2 visa application. This includes gathering all supporting documents and evidence to prove your eligibility. The application then heads to the U.S. Consulate in Toronto, the processing location for Canadian E-2 visa applications.
The E-2 visa process includes an E2 interview at the U.S. Consulate in Toronto. Consular officers will assess your application and ask in-depth questions about:
As of May 2024, the wait time from application submission to interview is usually around 4–6 weeks, but this can change.
You can also bring your dependent spouse and children under 21 to the interview. If you, the main applicant, are approved, then your spouse and children get E-2 dependent visas.
Canadian citizens who are in the United States can alternatively apply for E-2 visa via a request for change of status with the U.S. Citizenship and Immigration Services (USCIS). To learn more, visit Change of Status to E2 while in the US.
How long can a Canadian on an E-2 visa stay in the United States?
E-2 visa for Canadians is typically valid for five years. However, consular officers have the discretion to issue them for shorter durations in some cases.
E-2 visa for Canadians allows multiple entries to the US with a two-year stay limit per visit, but renewals are possible. This means that Canadian citizens with E-2 visas can enter and exit the United States multiple times throughout the visa validity period. Upon each entry, U.S. Customs and Border Protection (CBP) grants Canadian citizens and their family members a maximum stay of two years in E-2 status.
To renew the E-2 status, you can simply travel abroad during the validity of the E-2 visa. Every time you return to the US from a trip abroad (except for trips to certain Caribbean Islands), the CBP officer gives you a new 2-year status.
How can a Canadian renew an E-2 visa?
Canadians with E-2 visas can renew them at the U.S. Consulate in Toronto. The process is similar to applying for an initial E-2 visa.
Much like the initial application, renewal hinges on your business’s success. If the business is successful, has hired US employees and generates revenue, the US Consulate in Toronto generally renews the E2 visa for 5 years.
Alternatively, you can renew your E2 visa with USCIS. If you are in the United States and cannot travel to the US Consulate Toronto to renew your E-2 visa, you can renew the E-2 status by requestion an extension of stay with USCIS.
Green card path for Canadian E-2 visa holders
Yes, Canadian citizens with E-2 visas can apply for green card. However, you do not automatically qualify for a green card by simply holding an E-2 visa.
To apply for green card, Canadian E-2 visa holders need to find a green card option suitable for their circumstance. There’s no single “best” green card path for everyone. Factors like your finances, business type, qualifications, and family situation all play a role.
There are options for Canadian E-2 visa holders to potentially self-sponsor their green card applications.
Here are some of the most popular self-sponsored green card options for Canadian E-2 visa holders:
- EB-5 Investor Green Card – requires an investment of $1,050,000 or $800,000 if the business is in rural or high unemployment area. The business must create 10 full-time jobs for US workers.
- EB-2 NIW (National Interest Waiver) – EB-2 NIW green card is for people with an advanced degree (or Bachelor’s degree and 5 years of progressive experience) or exceptional ability in arts, science or business.
- EB-1 – Green card program for extraordinary ability in sciences, arts, education, business, or athletics, professors and researchers or multinational executives or managers.
Malescu Law can assist
We have successfully assisted many Canadian citizens in securing E2 visas for themselves and family members.
If you interested in E-2 visa for Canadians, contact us or book a consultation with our experienced E2 visa lawyers. Every business is unique.
We serve investors, businesses and entrepreneurs across all 50 states, the District of Columbia and Puerto Rico.
Malescu Law P.A. – Business & Immigration Lawyers
