Trace treaty ownership
The enterprise generally needs at least 50% ownership by nationals of the relevant treaty country. Identify actual citizenship and any ownership chain, not simply Canadian residence. Assess the principal’s ability to develop and direct the business through the real control arrangements. Review share registers, formation records, shareholder agreements, voting rights, and any intermediate entity before relying on a percentage alone. The file should identify who can make operational decisions and remove a mismatch between economic ownership and control. A later side agreement can undo an otherwise promising nationality analysis, so it must be disclosed early.
Document the qualifying funds
Establish lawful source and path and capital that is irrevocably committed and at risk. Joint ownership of funds requires an accurate explanation, not an invented gift between spouses. E-2 has no universal minimum amount; assess substantiality against the actual business cost and arrangement. Follow each dollar from its lawful source through accounts, escrow, contracts, and expenditure evidence. Funds must be irrevocably committed; they must also be at risk, rather than merely reserved for a possible venture. The practical decision is whether to complete a conditional purchase, lease, or equipment order in a manner that creates real exposure while preserving a truthful paper trail.
Establish a nonmarginal operation
The real operating enterprise must satisfy the nonmarginality standard, including the applicable capacity for more than a minimal living or a significant economic contribution. Use credible evidence and projections. Do not impose EB-5’s ten-job rule on E-2. E-2 is a temporary classification and provides no direct path to permanent residence. Test the forecasts against signed orders, cost assumptions, staffing needs, and the owner’s role. The enterprise cannot be marginal, so a projection should explain the path beyond supporting only the investor’s household. A polished spreadsheet without underlying commitments often fails to answer how the business will operate after admission. State when revenue, payroll, and owner involvement will be measured.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.