The E-2 visa allows Canadian citizens to enter the United States to develop and direct a business in which they have made a substantial investment. While the core eligibility criteria are uniform under U.S. immigration law, the U.S. Consulate in Toronto has specific expectations for documentation and business evidence.
Step 1: Form a U.S. Legal Entity (LLC or Corporation)
Begin by registering a U.S.-based business entity, typically a Limited Liability Company (LLC) or Corporation, in a state of your choosing. The entity must be at least 50 percent owned by Canadian citizens. This business will serve as your investment vehicle for the E-2 visa.
Step 2: Apply for a U.S. Federal Tax ID (EIN)
After your company is formed, obtain an Employer Identification Number (EIN) from the IRS. This is required for banking, payroll, and federal tax compliance. Canadians can apply without a Social Security Number by submitting Form SS-4 by mail or fax.
Step 3: Open a U.S. Business Bank Account
With your formation documents and EIN, open a U.S. business bank account. Many Canadians choose cross-border banks with both Canadian and U.S. operations. U.S. banks may also require personal identification and, in some cases, a U.S. business address.
Step 4: Transfer Personal Funds to the U.S. Business Account
To qualify for an E-2 visa, you must invest personal funds that are at risk in the business. Funds should come directly from your personal account and be clearly traceable. Acceptable sources include savings, inheritance, and the sale of assets. Document the transfer thoroughly.
Step 5: Spend Funds in Accordance with E-2 Visa Requirements
Your investment must be irrevocably committed to a real and active commercial enterprise. Permitted expenses include office leases, equipment, inventory, marketing, licensing, software, and professional services. Funds held in reserve or sitting in the bank are not considered invested.
Step 6: Document Your Investment
Maintain comprehensive records of all expenditures, including bank statements, wire transfers, invoices, receipts, and signed contracts. The U.S. Consulate in Toronto carefully reviews these documents to ensure the funds are truly at risk and tied to a viable commercial venture.
Step 7: Prepare a Comprehensive E-2 Business Plan
Your business plan should include an executive summary, market analysis, organizational structure, services offered, staffing projections, five-year financial forecasts, and evidence that the business is not marginal. Plans should be supported by resumes, vendor quotes, and other relevant documentation.
Step 8: Submit Your Documents to Your Immigration Attorney
After gathering all required documents, send them to your immigration attorney. A complete package typically includes company formation documents, EIN letter, bank statements, proof of funds, source of investment, business plan, DS-160, DS-156E, and personal identification.
Step 9: File Your Application with the U.S. Consulate in Toronto
Once the application is finalized, your attorney will submit it to the U.S. Consulate in Toronto via their designated E-visa email portal. After review, you will receive instructions to book your visa interview. Be prepared to bring original documents and discuss your role in the company and the nature of the investment.
Final Thoughts
The E-2 visa provides a valuable opportunity for Canadian entrepreneurs to expand or start businesses in the United States. By following the required steps and presenting strong documentation, you can position your application for success. The U.S. Consulate in Toronto has a detailed and structured review process, and preparation is key.
At Richards and Jurusik, we work with Canadian citizens daily to navigate the E-2 visa process. If you’re ready to launch your U.S. business, we can guide you every step of the way.
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