E-2 Visa for Canadian Investors: Complete 2026 Guide

What is the E-2 Visa for Canadian Citizens?

TheE-2 Treaty Investor Visa allows Canadian nationals to live and work in the United States by investing in a U.S. business. While there is no fixed minimum investment amount, the investment must be substantial and sufficient to meet E-2 eligibility criteria. This differs from the EB-5 visa, which requires an investment of $800,000 to $1.05 million.

Canadian E-2 visa holders can bring their spouse and unmarried children under 21. Spouses are generally eligible to work in the United States based on their E-2 dependent status. The visa can be renewed indefinitely as long as the business remains active and meets all requirements.

At Colombo & Hurd, our E-2 visa lawyers have helped Canadian investors obtain visas through the U.S. Consulate in Toronto and by changing status within the U.S.

Who Can Apply for the E-2 Visa from Canada?

The E-2 visa is available to nationals of treaty countries that maintain a treaty of commerce and navigation with the United States. Canada qualifies as an E-2 treaty country, which means Canadian citizens are eligible for this visa category.

This visa is open to:

• Canadian-born citizens
• Naturalized Canadian citizens
• Dual nationals holding a Canadian passport

You may qualify if you hold Canadian citizenship. Your country of birth does not matter.

Investment and Eligibility Requirements for Canadians

Canadian business owners and investors must meet criteria related to the investment, the type of enterprise, and their role within the business.

Substantial Investment

The investment must be “substantial” in relation to the total cost of the business. USCIS applies a proportionality test, meaning lower-cost businesses require a higher percentage investment, while higher-cost businesses require a lower percentage investment. The investment must be at risk and irrevocably committed to the enterprise.

Active Ownership or Control

The investor must intend to enter the U.S. solely to develop and direct the enterprise. This is usually shown through ownership of at least 50% of the business or by possessing operational control.

Real and Active Commercial Enterprise

The business must be a real, active commercial enterprise. It cannot be marginal. The enterprise must generate enough income to support the investor and family. It must have the capacity to make a significant economic contribution.

Benefits and Limitations of the E-2 Visa

What are the Main Benefits of the E-2 Visa for Canadian Entrepreneurs?

The E-2 visa offers several advantages for Canadian entrepreneurs. It provides access to the U.S. market, allowing Canadian investors to enter and operate within one of the largest consumer economies in the world. This creates significant revenue growth opportunities, enabling businesses to scale by serving U.S.-based customers. The visa also supports professional networking by making it easier to connect with U.S. business partners, investors, and clients. 

Family inclusion is another key benefit, as E-2 investors may bring their spouse and unmarried children under 21. Spouses may work in the United States incident to their E-2 dependent status. Finally, the E-2 visa offers unlimited renewals as long as the business remains active and continues to meet all regulatory requirements.

How Long Can Canadian Citizens Stay in the U.S. on an E-2 Visa?

Canadian E-2 visa holders typically receive a five-year multiple-entry visa. Upon each entry to the U.S., they receive a two-year period of stay. This two-year stay can be renewed indefinitely by exiting and re-entering the country. If the visa expires, the investor must renew the visa at a U.S. consulate before continuing to use the two-year admission period. The business must remain active, and the visa must be valid.

Does the E-2 Visa Lead to a U.S. Green Card for Canadians?

The E-2 visa is a non-immigrant visa. It does not directly lead to permanent residency. However, Canadian E-2 visa holders may explore other immigration options. These include the EB-2 National Interest Waiver (NIW) for individuals with advanced degrees or exceptional abilities, employment-based sponsorship (EB-2 or EB-3) through a qualifying job offer from a U.S. employer for the investor or their spouse, and the EB-5 Immigrant Investor Program through a qualifying investment.

These pathways must be pursued without violating E-2 visa status conditions.

E-2 vs EB-5: Key Differences for Canadian Investors

Feature	E-2 Visa	EB-5 Visa
Investment Amount	No fixed amount (typically $100,000 or more)	$800,000-$1.05 million
Path to Green Card	Indirectly	The EB-5 Visa is a Green Card
Renewal	Unlimited renewals	Not applicable (leads to permanent residence)
Job Creation Requirement	Must be non-marginal	Must create 10 full-time jobs
Visa Type	Non-immigrant	Immigrant

How to Apply for the E-2 Visa in Toronto

All first-time Canadian E-2 visa investors must submit their application to the U.S. Consulate in Toronto. The Toronto Consulate handles all new E-2 visa applications and renewals for investors. Eligible dependents and qualifying employees may also apply at U.S. consulates in Calgary, Montreal, Ottawa, or Vancouver.

Steps for E-2 Visa Application

1. Complete the DS-160 form online and Form DS-156E (Nonimmigrant Treaty Trader/ Investor Application) if you are an E-2 investor or qualifying E-2 employee. Upload a visa photo.
   
2. Submit a consolidated PDF (max 50 pages, 20MB) to the Toronto Consulate via email. Include:
   
   • Cover letter detailing how you meet each E-2 visa requirement
   • Proof of Canadian nationality
   • Business ownership documents
   • Financial documentation showing real and non-marginal enterprise
3. Bring additional supporting documents to your visa interview:
   
   • Evidence of fund commitment and risk
   • Business plan and job creation projections
   • Proof of real operations and profitability

Case Highlights: Canadian E-2 Visa Success Stories

Canadian business owners are finding opportunities in the United States with the E-2 treaty investor visa. These case examples highlight successful Canadian clients who obtained E-2 visa approval. Whether they applied through the U.S. Consulate in Toronto or filed for a status change from inside the U.S., these examples show how we’ve helped Canadian entrepreneurs start their U.S. businesses.

Medical Transport Business from Toronto

A Canadian investor received an E-2 visa approval through the U.S. Consulate in Toronto to launch a medical transport company. While expedited appointments are rare and not guaranteed, consular discretion allowed for a faster interview in this case due to the specific needs of the business.  The E-2 visa was approved promptly. The client entered the U.S. to operate his medical transport business.

Optometry Business Launch

A dual Canadian-Chinese citizen and licensed optometrist secured a change of status to E-2 to launch an optometry practice in Austin, Texas. The business combines eye care with a curated retail experience. It serves diverse local communities, especially within Austin’s Asian population. The practice draws patients from neighborhoods including Brentwood, Crestview, Domain, Allandale, and Shoal Creek.

Men’s Grooming Brand Expansion

Two Canadian entrepreneurs obtained E-2 visa approvals through the U.S. Consulate in Toronto to expand their men’s personal care company to the United States. The majority owner received an E-2 visa approval as a treaty investor. The minority owner was approved as an E-2 essential employee due to her extensive and specialized knowledge of the company’s products and operations.

Work with E-2 Visa Lawyers Specializing in Canadian Applications

E-2 visa applications can be complex. Errors or incomplete submissions can result in costly delays or denials. The E-2 visa attorneys at Colombo & Hurd specialize in helping Canadian investors navigate the process. From customized business plans to legal guidance through consular interviews, we are committed to helping our clients succeed. 

See If you Qualify for the E-2

Complete our Questionnaire to see if you qualify and begin your U.S. investment journey.

Evaluate your profile