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Canada
United StatesCanada is an E-2 treaty country. That means a Canadian citizen who invests in a real US business, and runs it, can live and work in the United States, with a spouse who can work and children who can go to school. There’s no fixed minimum investment, and it’s within reach for more people than most think.
Updated November 2026 with the latest US State Department and USCIS rules.
If two or more of these fit, the E-2 is worth a serious look.
The consulate looks at five things. You need all of them.
The E-2 is based on citizenship, not residence. Canadian permanent residents who aren’t citizens can’t use Canada’s treaty, but may qualify through another citizenship they hold.
The funds must be committed to the business and exposed to loss if it fails. Money sitting in your bank account doesn’t count. An escrow that releases only if the visa is issued is allowed.
Big enough, compared with the cost of the business, to show you’re serious and to give it a real chance of success.
A business that sells goods or services and has the capacity to earn more than a minimal living for you and your family, now or within 5 years. A rental home or a stock portfolio doesn’t qualify.
At least 50% ownership, or operational control through your role. You’re coming to develop and direct the business, not to be a silent partner.
You must show where the money came from: savings, the sale of a home or business, an inheritance or similar. Clear proof of source of funds is one of the most important parts of the file.
There is no minimum in the law. The US government’s own guidance says the investment must be “substantial and sufficient to ensure the success” of the business, and that the lower the cost of the business, the higher the share of it you need to put in yourself.
The right number depends on the business. If you’ve been told you can’t afford it, that may not be true. Ask us to look at your numbers.
Most Canadians go one of three ways. Each can work if the numbers and the plan hold up.
A business with a track record, staff and customers. Often the easiest to prove, because it already makes money. Examples: a cleaning or landscaping company, a restaurant, a clinic or a service business.
A proven system with training and support. Popular with first-time US business owners. The franchise needs to be far enough along, such as a signed agreement and lease, for the money to be committed.
Possible, but you’ll need a strong business plan showing how it will grow beyond supporting just your family, usually with hiring plans for US workers.
First-time E-2 applicants in Canada go through the US Consulate General in Toronto. Here’s the process in order.
How long does it take overall? It depends mostly on how quickly you find the business and pull the paperwork together. The consulate doesn’t publish a review time, so good preparation is the best way to avoid delays.
Since September 6, 2025, the State Department requires visa applicants to apply in their country of nationality or residence, so Canadians apply in Canada, even if they already live in the US. E-2 applicants must attend an in-person interview, and screening is tighter than it used to be. None of this stops a well-prepared application, but a small mistake or a gap in your paperwork is more likely to cause a refusal or delay.
Spouses of E-2 holders are allowed to work in the US as part of their status. Their arrival record (I-94) is marked “E-2S”, which works as proof of work authorization. No separate work permit is needed, though one is available.
Unmarried children under 21 get E-2 status with you and can attend school and university. They can’t work. Your family doesn’t need to be Canadian citizens to come with you.
A child loses E-2 status at 21 and needs a status of their own, such as a student visa. If your children are in their late teens, plan for this early.
Already in the US in another status? You can ask USCIS to change your status to E-2, which has its own filing fees. But that status ends when you leave the country, so you’ll still need an E-2 visa from Toronto to travel and come back.
Most refusals come down to a handful of avoidable problems.
Funds are still in your account, or the deal depends on things that haven’t happened yet.
Gaps in the paper trail showing where the money came from and how it reached the US business.
It looks like it will only ever support you, with no realistic plan to grow or hire.
Generic templates, unrealistic numbers or a plan that doesn’t match the rest of the file.
Less than 50% Canadian ownership, or a role that looks passive rather than hands-on.
Past criminal or immigration issues can make you ineligible unless you get a waiver. Check this before you invest.
The E-2 isn’t the only way in. Here’s how it compares.
| Route | Best for | What you need | Green card? |
|---|---|---|---|
| E-2 investor visa | Canadians who want to own and run a US business | A substantial investment in a business you control. No set minimum. | Not directly, but renewable with no limit |
| TN visa | Professionals with a US job offer | A job in a listed profession, usually with a degree | Not directly |
| L-1 visa | Owners or managers of a Canadian company opening a US branch | At least 1 year working for the Canadian company in the last 3 | Can lead to one for managers and executives |
| EB-5 investor green card | People with a larger budget who want permanent residence | US$800,000 in a targeted area, or US$1,050,000 elsewhere, creating 10 US jobs | Yes |
Having a bigger budget doesn’t automatically make EB-5 the better choice. Many Canadians start with an E-2 because it’s faster to set up and puts their money into a business they control.
The E-2 is a temporary visa, and you must intend to leave when your status ends. But many E-2 holders later qualify for a green card in other ways:
If you also run a company in Canada, a related US business can open the door to a multinational manager green card (EB-1C).
A larger investment that creates 10 US jobs can lead to a green card for you, your spouse and your children under 21.
Marriage to a US citizen, an adult US citizen child, or a US employer sponsoring you are all possible routes later. More on E-2 to green card
Canadians moving to the US is our specialty. We know how the Toronto consulate reviews E-2 files and where Canadian applications go wrong.
We look at your citizenship, budget, business choice and source of funds first, so you don’t commit money to a business that won’t qualify.
We use legal technology to keep costs down, typically less than a traditional law firm. VisaPlace Immigration works with licensed and experienced immigration lawyers, who are independent and operate separately from VisaPlace Immigration.
The E-2 treaty investor visa lets citizens of treaty countries, including Canada, live and work in the US while they develop and direct a US business they’ve invested a substantial amount in. Certain key employees and the investor’s family can also qualify.
There’s no fixed minimum. The investment must be substantial compared with the cost of the business, and enough to give it a real chance of success. The cheaper the business, the bigger the share of the cost you’re expected to put in yourself.
Not through Canada. The E-2 is based on citizenship, so you need to be a Canadian citizen. A permanent resident may qualify through another treaty country citizenship they hold.
If you’re in the US in a valid status, you can ask USCIS to change your status to E-2. But that status ends when you leave, and you’ll need an E-2 visa to come back. Since September 2025, Canadians apply for visas in Canada, and first-time E-2 applicants apply through the US Consulate General in Toronto.
E-2S is the code on the arrival record (I-94) of the spouse of an E-2 investor or employee. It shows the spouse is allowed to work in the US without a separate work permit.
Expect questions about your business, how much you invested and where the money came from, your role, your plans to grow and hire, and your experience. Officers check that your answers match your file, so know your business plan well. What to expect at an E-2 interview
Yes, if they’re Canadian citizens like the owner, and the job is executive or supervisory, or needs skills essential to the business. Once your company is registered with the consulate, employees can apply in Calgary, Montreal, Ottawa, Toronto or Vancouver.
Each entry gives you up to 2 years, and you can extend or re-enter for further 2-year periods with no limit, as long as the business keeps qualifying. Canadians are usually issued an E-2 visa valid for up to 5 years with multiple entries.
If you live in the US, you’ll most likely be treated as a US tax resident. Moving also affects your Canadian taxes, RRSPs and pensions, so speak with a cross-border tax adviser before you move.
Tell us a little about your situation and budget. We’ll tell you plainly whether the E-2 fits, and if it doesn’t, which route might.
VisaPlace Immigration works with licensed and experienced immigration lawyers, who are independent and operate separately from VisaPlace Immigration. VisaPlace Immigration does not provide legal, tax or financial advice. This page is for information purposes only and reflects information available in November 2026. Rules can change. For legal advice, consult a licensed immigration lawyer. Sources: US Embassy and Consulates in Canada, Treaty Trader and Investor Visas and FAQs; USCIS, E-2 Treaty Investors; US State Department, Canada reciprocity schedule and Fees for Visa Services; 8 CFR 214.2(e).
