1. What is an E-2 Visa? The E-2 visa is a non-immigrant visa that allows citizens of treaty countries, including Canada, to enter the United States to invest in and manage a business. The visa is designed for individuals who make a significant investment in a U.S. business and wish to develop and direct the operations of that enterprise.
2. What are the eligibility criteria for Canadians? To qualify for an E-2 visa, Canadian citizens must meet the following requirements:
- Nationality: The investor must be a citizen of Canada, a treaty country.
- Investment: The applicant must invest or be actively in the process of investing a substantial amount of capital in a bona fide U.S. enterprise. The investment must be at risk and irrevocably committed.
- Control: The investor must own at least 50% of the enterprise or possess operational control through a managerial position or other corporate structure.
- Intent to Depart: The investor must intend to leave the U.S. when the E-2 status ends.
3. What is considered a “substantial investment”? While the E-2 visa regulations do not specify a minimum dollar amount, the investment must be substantial in relation to the total cost of the enterprise. Typically, investments below $100,000 may face greater scrutiny. The investment should be sufficient to ensure the successful operation of the business.
4. What types of businesses qualify for an E-2 visa? A wide range of businesses can qualify, as long as they are bona fide enterprises operating legally in the U.S. and are not considered marginal. The business should generate more than just enough income to provide a minimal living for the investor and their family. Examples include retail stores, restaurants, consulting firms, and manufacturing operations.
5. How long is the E-2 visa valid for? The E-2 visa is typically issued for up to five years, but this can vary depending on the reciprocity agreement between the U.S. and Canada. The visa can be renewed indefinitely, as long as the business continues to meet the visa requirements.
6. Can my family join me in the U.S.? Yes, the spouse and unmarried children under 21 of the E-2 visa holder can apply for E-2 dependent visas. They can live and study in the U.S., and the spouse can also apply for work authorization.
7. Can I apply for a Green Card with an E-2 visa? The E-2 visa is a non-immigrant visa and does not directly lead to permanent residency (a Green Card). However, some E-2 visa holders may later qualify for other immigration pathways, such as an immigrant investment program (EB5), employment-based immigrant visas or family-sponsored visas, which could lead to a Green Card.
8. How do I apply for an E-2 visa? The application process involves several steps:
- Business Planning: Prepare a detailed business plan outlining the investment, expected growth, and operational details.
- Investment: Make the required investment or commit funds to be invested.
- File the Application: Submit Form DS-160 online, pay the visa fee, and schedule an interview at a U.S. consulate or embassy in Canada.
- Attend the Interview: Present all required documents, including proof of investment, business plan, and evidence of Canadian citizenship, during the visa interview.
9. Can I work for other companies while on an E-2 visa? No, the E-2 visa only permits the visa holder to work for the U.S. business in which they have invested. However, the visa holder can be involved in the day-to-day operations or in a supervisory or executive role.
10. How long does the application process take? Processing times vary, but it typically takes a few months from the initial application to the visa issuance. It’s advisable to start the process well in advance of any planned travel to the U.S.
11. What happens if my business fails? If the business fails or no longer meets the requirements for the E-2 visa, the visa holder may lose their E-2 status and be required to leave the U.S. It’s essential to maintain compliance with all visa conditions to avoid issues.
These FAQs provide a general overview of the E-2 visa for Canadian citizens. However, each case is unique, so consulting with an immigration attorney or expert is recommended to ensure you meet all the requirements and navigate the application process effectively.