Unlocking U.S. Opportunities: The Power of the E-2 Visa for Business Owners

How One Entrepreneur Used the E-2 Visa to Expand His Business and Achieve Success in the U.S. Market

Our Client, Mr. V, retained DeMine Immigration with a plan. He wanted to run a company in the United States ¾ so we set on a mission to make it happen.

After his longstanding success running a company in Canada, Mr. V felt the pull to explore new horizons, opening his own roofing company in his neighboring country.

However, a Canadian national is normally only able to stay in the United States for a period of 6 months at a time ¾ during this time he would be able to begin the process starting his company, but in order to be present full time to run it, he would require a visa.

We guided Mr. V through the process of filing an E-2 investor visa. Since Mr. V did not purchase an existing company, he would have to prove his investment by ensuring his business was operational by the time he filed the visa.

Fulfilling this primary requirement, we guided Mr. on meeting the rest.

What’s Are the Requirements for an E-2 Visa?

The paths to achieve an E2 visa can vary on the business. Requirements can be found at requirements can be found here.

Here are the steps included we set out to complete with Mr. V

1. Demonstrating the existence of the required treaty: It was essential to show that the relevant treaty between Canada and the United States was in place (refer to 9 FAM 402.9-4(A) and 9 FAM 402.9-10).
2. Proving Mr. V’s nationality: Mr. V had to confirm that he held the nationality of the treaty country, in this case, Canada (refer to 9 FAM 402.9-4(B)).
3. Evidence of investment: Mr. V needed to provide proof that he had either made a substantial investment or was actively in the process of investing in his business (refer to 9 FAM 402.9-6(B)).
4. Verification of a real and operating enterprise: The business had to be a genuine and operational commercial entity (refer to 9 FAM 402.9-6(C)).
5. Substantial investment requirement: Mr. V had to demonstrate that his investment was significant and sufficient to ensure the business’s success (refer to 9 FAM 402.9-6(D)).
6. More than marginal business operations: The enterprise needed to be more than just a means of earning a living; it had to contribute meaningfully to the economy (refer to 9 FAM 402.9-6(E)).
7. Capability to develop and direct the business: Mr. V was required to prove that he was capable of developing and directing the enterprise effectively (refer to 9 FAM 402.9-6(F)).

In just a few weeks, Mr. V’s interview at the U.S. consulate in Toronto resulted in the successful granting of his visa.

Common Myths Surrounding E-2 Visa

When setting out on a venture like Mr. V, the visa approval process can be intimidating, especially when common misconceptions circulate.

Here are some things we bet you didn’t know about E-2 Visas

1. There is no requirement that the E-2 company must show employees at the time of filing.
2. There is also no set dollar amount that must be invested.

If you're interested in learning more about E-2 visas and exploring whether you or someone you know could benefit, please don't hesitate to reach out to us at DeMine Immigration. We're here to help.

If you, or a loved one, are seeking information on an investor options to attain a visa to the United States, don’t navigate this journey alone.

Our compassionate and knowledgeable attorneys are here to provide the support and guidance you need to secure your future in the United States.

Ready to take the next step?

Schedule a consultation with our experienced team .