We are thrilled to announce a recent E-2 visa approval at the U.S. Consulate in Toronto. Our client, a dual national of Canada and Iran, received a 5-year E-2 visa—the maximum duration allowed under the U.S.-Canada treaty—without a Request for Evidence (RFE). Total processing time was 3 months from filing to issuance.
Securing a 5-year E-2 Treaty Investor visa is a milestone for any entrepreneur, but for dual nationals of Iran and Canada, it requires a specific legal strategy.
To achieve this E-2 approval, our team provided comprehensive services including business formation, local business permits and licenses from city and county, fictitious name (trade name) registration in the State of Florida, E2 business plan and E-2 visa case preparation and legal strategy.
Overcoming the 2025 Travel Ban for Iranian Nationals
The most significant challenge in this case was the June 2025 travel ban issued by the Trump Administration regarding Iranian nationals. While the investor was an Iranian national by birth, we successfully navigated this restriction by highlighting two key factors:
Because the investor applied using their Canadian passport the ban did not apply. Moreover, the case was processed without delay because the Investor has not been to Iran in over 20 years and did not have an Iranian passport. This case proves that dual nationals can still access E-2 visa without delay at US Consulates abroad despite restrictive executive orders.
Strategic Status Changes: From TN to B-2 to E-2 Business Owner
The investor’s path to the E-2 visa was a phased transition. The investor originally came to the U.S. on a TN visa as an audiologist, an then changed status to B-2 for medical purposes. We then utilized an extension of the B-2 status to allow the investor to make the investment for the E-2 visa without violating their stay.
The Investment: Launching a Healthcare Practice in Florida
The investor, a licensed audiologist in both Canada and the U.S., invested $200,000 to launch an audiology clinic in Florida. Before filing the application, we ensured the case met all E-2 visa requirements and the investment was fully made into:
Results: A 10-Minute Interview and Immediate Approval
Because the petition was thoroughly prepared, the consular interview in Toronto lasted only 10 minutes. The officer focused on the dual-nationality exemption and the readiness of the business. The officer approved the case on the spot, recognizing the “at-risk” nature of the investment. The visa was issued without delay, allowing the investor to return to the U.S. and begin operations immediately.
The Result
Overview of E2 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?
Why Partner with Malescu Law?
Our E2 visa lawyers specialize in complex E-2 visa applications, including those involving existing business acquisitions, holding companies or complex corporate structures.
Contact us, your experienced immigration lawyers to schedule an appointment for your immigration case and find out more about other E-2 visa success stories and approvals and E-2 visa for spouse and dependents, E-2 visa renewal process, other investment visa options and other visa options to start a business in the US for you.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
