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FOR ENTREPRENEURS · SAINT-LUCIENSaint-Lucien

Your ambition.Your enterprise.

A Drummondville founder should distinguish a personal E-2 investment from a company-transfer proposal. Canada is an E-2 treaty country, but both the investor and enterprise must have qualifying treaty nationality. E-2 also requires funds irrevocably committed and at risk, an investment substantial relative to the business, and a real operating, nonmarginal enterprise that the applicant will develop and direct, ordinarily through at least 50% ownership or operational control. The fact that a Canadian company is expanding does not establish every investment requirement, and E-2 provides no direct path to permanent residence. A useful E-2 treaty-investment case review begins with a fact matrix rather than a preferred answer. List the person, employer or enterprise, authority, place of activity, dates, money or compensation, and the record supporting each item. The first pass should identify the legal question that each record can actually settle, then flag gaps that require an original, a translation, or a clearer explanation. The investor's capital must be committed beyond easy withdrawal and exposed to commercial loss. The enterprise must be real and not marginal, while the investor must develop and direct it; E-2 itself does not provide a permanent-residence outcome. The key decision is whether the current arrangement fits this route as it now exists, not whether a future version might become stronger. Keep a chronology that distinguishes completed steps from planned steps, and revisit it before travel, a filing, payment, or a change in duties. This method also prevents a polished business narrative from hiding an unsupported element.

Talk about E-2
PurposeDevelop and direct a business
InvestmentSubstantial and at risk
Fixed minimumNo universal dollar threshold

IN THIS GUIDE · Compare a new personal investment with the company’s expansion

01

Identify the actual investor and enterprise

Hypothetical example: a founder considers personally acquiring a U.S. business while the Canadian company explores a related operation. Keep the ownership, employer and funding in each proposal separate. Do not combine one arrangement’s corporate relationship with another’s capital as though they were a single transaction. Trace the order of events: record the original plan, the decision-maker, and the date on which an obligation became binding. That sequence often exposes whether a later explanation describes a fact or an aspiration.

02

Trace ownership and lawful funding

Identify treaty nationality, control and the actual source and path of committed funds. Explain any lawful movement from corporate funds to the investor. Account access alone does not establish personal ownership of company money. Test labels against evidence. Job titles, corporate descriptions, and sales language are useful starting points, but the underlying duties, authority, and transaction records resolve the legal question.

03

Review financing and commitment conditions

Personally secured or unsecured borrowing may qualify under applicable rules; enterprise-asset-secured debt does not count as the investor’s qualifying investment. Read purchase, escrow and cancellation terms and separate charges from capital. No universal fixed E-2 minimum applies. Use originals that can be dated and connected to a person or entity. A chronology should identify gaps, translations, and documents that contradict the preferred narrative before anything is submitted.

04

Assess the operating role and enterprise

Review substantiality, nonmarginality and the applicant’s role developing and directing the real business. The funds must be irrevocably committed and at risk, and development and direction ordinarily requires at least 50% ownership or operational control. A founder title or payment does not establish U.S. work permission. E-2 provides no direct path to permanent residence. Have the actual chosen arrangement assessed before relying on its commercial timetable. Separate a future forecast from current proof. A business plan, anticipated hire, or intended assignment may matter, yet it cannot silently become evidence that the fact already exists.

05

Explain enterprise nationality and nonmarginality precisely

The enterprise generally must be at least 50% owned by nationals of the relevant treaty country; the applicant’s passport alone does not establish enterprise nationality. Nonmarginality includes capacity to provide more than a minimal living for the investor and family, with the alternative of a significant economic contribution. Apply those conditions to the real operating proposal rather than importing EB-5’s capital amounts or ten-job rule into E-2. Finish with a decision record stating what is established, what remains conditional, and what must happen before the next immigration step. That record prevents a commercial deadline from dictating an unsupported filing position.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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