Eligibility Criteria for Canadian Investors

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Are you a Canadian investor looking to start a business in the United States? If so, you may be eligible for an E2 visa. The E2 visa is a non-immigrant visa that allows foreign investors to enter and work in the United States based on their investment in a U.S. business. In this article, we will discuss the eligibility criteria for Canadian investors seeking an E2 visa and the steps involved in the application process.

Eligibility criteria for canadian investors | investor visa eligibility for canadian nationals
comming to america us immigration lawyer3 1 | Investor Visa Eligibility for Canadian Nationals

What is an E2 Visa?

An E2 visa is a non-immigrant visa that allows foreign investors to enter and work in the United States based on their investment in a U.S. business. This visa is only available to citizens of countries that have a treaty of commerce and navigation with the United States, including Canada.

The E2 visa is a popular option for Canadian investors as it allows them to live and work in the United States while managing their investment. It is also a pathway to permanent residency in the U.S. through the EB-5 visa program.

E2 Visa Requirements for Canadian Investors

To be eligible for an E2 visa, Canadian investors must meet the following requirements:

Investment in a U.S. Business

The primary requirement for an E2 visa is that the Canadian investor must have made a substantial investment in a U.S. business. This investment must be in an active, for-profit enterprise and must be at risk. This means that the investment cannot be a passive investment, such as purchasing a home or stocks.

The investment must also be substantial, meaning that it must be a significant amount of capital that is enough to ensure the success of the business. The exact amount of the investment will vary depending on the type of business and its location, but it is generally recommended to invest at least $100,000.

Ownership and Control of the Business

The Canadian investor must also have a controlling interest in the U.S. business. This means that they must own at least 50% of the business or have operational control through a managerial position.

Non-Marginal Business

The U.S. business must also be a non-marginal enterprise, meaning that it must have the capacity to generate more than enough income to support the investor and their family. This is to ensure that the investor is not solely relying on the business for their income.

Intent to Depart the U.S. Upon Expiration of the Visa

The E2 visa is a non-immigrant visa, meaning that it is temporary and does not lead to permanent residency in the U.S. Therefore, the Canadian investor must have the intent to depart the U.S. upon the expiration of their visa.

Nationality

As mentioned earlier, the E2 visa is only available to citizens of countries that have a treaty of commerce and navigation with the United States. Fortunately, Canada is one of these countries, making Canadian investors eligible for the E2 visa.

E2 Visa Application Process for Canadian Investors

The application process for an E2 visa involves several steps, including:

Step 1: Prepare the Necessary Documents

The first step in the E2 visa application process is to gather all the necessary documents. These include:

  • A completed Form DS-160, Nonimmigrant Visa Application
  • A valid passport
  • A business plan for the U.S. business
  • Proof of investment in the U.S. business
  • Proof of ownership and control of the U.S. business
  • Evidence that the U.S. business is non-marginal
  • Proof of intent to depart the U.S. upon expiration of the visa
  • Proof of Canadian citizenship

Step 2: Pay the Application Fee

The next step is to pay the application fee, which is currently $205 USD. This fee is non-refundable, even if the visa is denied.

Step 3: Schedule an Interview

After paying the application fee, the Canadian investor must schedule an interview at the nearest U.S. embassy or consulate. The wait time for an interview can vary, so it is recommended to schedule it as soon as possible.

Step 4: Attend the Interview

During the interview, the Canadian investor will be asked questions about their investment, the U.S. business, and their intent to depart the U.S. upon expiration of the visa. It is important to be honest and provide all necessary documents to support the application.

Step 5: Wait for a Decision

After the interview, the Canadian investor must wait for a decision on their visa application. If approved, the visa will be stamped in their passport, and they can enter the U.S. to manage their investment.

Conclusion

The E2 visa is an excellent option for Canadian investors looking to start a business in the United States. By meeting the eligibility criteria and following the application process, Canadian investors can obtain an E2 visa and live and work in the U.S. while managing their investment.

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author avatar
Alexander Jovy - Senior Immigration Expert
Article Written by Alexander Jovy, Co-Managing Partner at Global Immigration Partners. 15+ years in E2 Visa, L1 Visas, EB5 Green Cards & investor immigration.