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POINT EDWARD · Treaty investor guide

E-2 investment evidence and business reality

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

E-2 preparation links nationality, a lawful and traceable capital commitment, a real enterprise, and the investor’s active direction of that enterprise. Before proceeding, ask whether the investor would still understand and want the business if no immigration benefit were available. That commercial question does not replace the legal analysis, but it reveals whether the operating plan, capital exposure, and control position are real. Records should reflect a venture the investor intends to operate, not a paper exercise.

01

Confirm eligibility before transaction pressure

Check the investor’s treaty nationality and the enterprise’s relevant ownership before making a nonrefundable decision. Residence, address, and a Canadian permanent-resident card are not substitutes for nationality. If the company has multiple owners or intermediate entities, show who owns and controls it. The investor must also have a genuine position to direct and develop the operation. A passive financial interest is a poor foundation for a route built around active enterprise management.

02

Follow the capital through every stage

Use a funds ledger beginning with lawful source and ending with the enterprise. Reconcile salary savings, sale proceeds, gifts, loans, or other origin records to account statements, wires, escrow receipts, agreements, invoices, and ownership documents. Describe any third-party payments, currency conversions, or joint accounts. The money needs to be committed beyond easy personal recall and subject to actual business risk. A fully refundable reservation may be commercially sensible at an early stage, but it should not be mislabelled as completed E-2 investment.

03

Make the proportionality analysis concrete

There is no fixed E-2 price tag. Build a budget from the actual purchase or launch costs, classify what is paid or obligated, and compare the committed amount with the cost of the particular business. Include credible operating needs rather than ornamental spending. Leases, payroll plans, supplier agreements, licences, equipment, marketing, and working capital should align with the financial projections. Explain why the enterprise is expected to contribute beyond supporting only the investor and household, without promising revenue that the plan cannot support.

04

Preserve the evidence after the application

The business continues after a filing or admission. Maintain financial records, invoices, contracts, staffing records, tax information, and ownership documents in a way that reflects actual operations. A change in investor role, ownership, business model, or funding can matter. Commercial advisers and immigration professionals may examine different aspects, so keep one accurate operating record rather than separate stories for separate audiences. The best preparation is an enterprise the investor can explain clearly to a lender, customer, accountant, and immigration reviewer.

SOURCE NOTES

Editorial source review: 2026-09-08. General preparation guidance, not an individual assessment.

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