The E2 visa in Canada is a non-immigrant visa allowing Canadian citizens to travel to the United States for different kinds of business or investment purposes. What makes this visa unique is that it does not lead to permanent immigration status. Yes, this document for Canadians is for short-term or fixed-term purposes only. Meanwhile, let us learn more about an E2 visa in Canada below.
Steps to Apply for the E2 Visa in Canada
The interested individual must first register the particular company with the E-Visa Unit. Thereafter, they will need to complete the following process to have the same company reviewed by the E-Visa Unit:
- Fill out the Form. Fill out the DS-160 Visa application form online and complete it as per the requirements of U.S. law.
- Get a New Account. Create a fresh account on the visa appointment service official website. This is when the interested individual will need to pay an application fee. They must also arrange a delivery for the password after having attended the visa interview
- Submit the Documents. Please email the documents requested earlier for the E2 visa Canada application. The official website already has a list of all the required documentation and instructions for obtaining it.
- Attend the Interview. The individual will be contacted with a date for the visa interview once their respective application has been completed and reviewed. It is important that the person attends this interview within 90 days of the offer being made. Otherwise, their application will expire and they will have to start the process from the very beginning.
Eligibility for the E2 Visa in Canada
The E2 visa Canada holders can stay in the US for five years, but they can renew and extend their stay because their situation has not changed. Moreover, their business should continue to run successfully in the U.S. Other eligibility requirements include:
- Obtaining Substantial Investment Requirement: The individual must have invested (or be in the process of investing) a “substantial amount” in a business to qualify for the E2 visa Canada in the U.S. Here, substantial means that the specific amount is sufficient to make the person’s business successful.
- Following the Proportionality Rule: The total amount of money that has been invested must always represent a large percentage of the necessary investment. It means the concerned person should aim to invest 100% of the required funds before applying for the visa. This applies to a business that requires an investment of $50,000-$100,000. However, the case is different for a business that requires a much larger investment, which makes for around $5,000,000). In such cases, the person will be able to pass the proportionality test even if the invested amount represents a smaller percentage of the complete business investment.
- Analyzing the Marginality Rule: The business that the individual is opening in the U.S. must be projected to employ American workers. If not, the business will fail the marginality test.
- Checking at Risk Investment Requirement: Anyone's investment in the business must be subject to partial or, in some cases, total loss. The business owners must show that they are all in! It means a person cannot just show that they have money sitting in a bank account. The entire money must be committed to the business before the concerned person applies for the E2 visa in Canada.
- Having No Unlawfully Obtained Money: The money that one plans to invest in the E2 business cannot come from illegal activities. This includes drug running, theft, the sale of banned arms or any other illegal endeavors. Nonetheless, it is important for the investors or business owners to understand that they will have to prove that the money was lawfully obtained.
Check out this video to learn more about the E2 visa in Canada.
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Documents Required to Support the E2 Visa in Canada
Here is a list of documentation required to prove a person’s eligibility for an E2 visa in Canada.
- The Business Plan for Starting the Venture
- The Cover Letter to State How the Person Satisfies the Requirements of the E2 Visa
- Form DS-160 Confirmation Page
- Form DS-156E
- Passport Biographical Page
- Bank Documents to Prove Lawfully Obtained Financial Transactions
- Purchase Receipts and Invoices
- Entity Formation Documents
- Escrow Agreements and Account Information
- Chamber of Commerce Support Letter
- Advertising Materials
- Invoices Issued to Clients
- Tax Returns
- Net Worth Statement from a CPA
- Sale Agreements
- Commercial Lease
- Utility Bills
- Website Screenshots
Advantages of the E2 Visa in Canada
There are several key benefits of E2 visa in Canada, and the main ones are listed below:
- Enabling Indefinite Stay in the United States: The E2 visa Canada holder can live indefinitely in the United States. They can live in the country as long as they continue to run a business that meets the requirements of the E2 Visa
- Emphasizing Speed: The visa holder can usually enter the United States within a few months after they have all the documents gathered for validation purposes.
- Bearing No Minimum Investment: The E2 visa program is unlike the Eb5 Program, which often requires an investment of $900,000-1,800,000. So, there is no minimum investment for an E2 visa in Canada.
- Giving Advantages to Family Members: The respective spouses of the E2 Canada visa holders can work anywhere in the United States. Moreover, their children can also attend school anywhere in the country independently.
- Getting Flexibility in Business Operations: E2 visa Canada allows holders to operate and manage their own businesses in the United States. This flexibility enables individuals to pursue various business opportunities. They can easily understand different market trends and make strategic decisions to enhance their respective enterprise.
- Accessing a Larger Consumer Market: The United States has one of the world’s largest consumer markets. What better way to reach these people than with a business that operates in the country itself? This becomes possible with an E2 visa in Canada because the holders can function anywhere in the U.S.
Key Terms for the E2 Visa in Canada
- Treaty Trader: Citizens of other countries with whom the United States maintains a cordial relation through commerce.
- Investor: A person who puts money into starting a business or becoming a stakeholder in the same organization.
- Immigrant: An individual from another country who visits and resides in the United States for various reasons.
- Applicant: The person who applies for an E2 visa in Canada in the United States and is waiting for its approval.
- Sponsor: An individual or organization that contributes to the costs involved in starting or running a business in the U.S.
Final Thoughts on the E2 Visa in Canada
The E2 visa in Canada is important for nationals from the country who want to start a business in the United States. As mentioned in this guide, these people must fulfill important criteria to ensure they are eligible for the visa. Moreover, they must also provide sufficient documentation to prove that their business is running well to stay in the U.S. However, there is a chance that most applicants do not know the exact process of applying for an E2 visa in Canada. The best thing to do here is to approach a professional visa attorney to make the process easy and efficient.
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