E-2 Visa Document Requirements for Canadians

For Canadian entrepreneurs looking to expand or establish a business in the United States, the E-2 Treaty Investor Visa offers a practical and accessible route. The path to securing an E-2 Visa from Canada involves meticulous preparation, however, especially when it comes to documentation. Below is a detailed guide covering the essential document requirements for E2 applicants from Canada, whether they are launching a new venture south of the border or seeking to expand their current business.

Document Checklist

To ensure an E-2 petition is strong and credible, a Canadian applicant should gather the following...

1. Personal Documentation:

• Valid Canadian Passport (include copies of all relevant pages)
• Passport-sized photographs adhering to US Department of State standards
• Evidence of Canadian residence, such as utility bills, mortgage statements, or lease agreements

2. Proof of Canadian Business Ownership (for Expansion Cases):

• Business registration documents from Canada (articles of incorporation, partnership agreements, etc)
• Current financial statements and tax returns of your existing Canadian business
• Documents proving business operations in Canada, including invoices, contracts, client testimonials, and employee records

3. Documentation of Substantial Investment:

• Bank statements clearly showing funds transferred to American accounts designated for business purposes
• Evidence of capital at risk, such as receipts for purchased equipment, inventory, lease agreements, and marketing expenditures
• Valuation documents if purchasing an existing business in USA, including sale contracts, independent valuation reports, and due diligence documentation

4. US Business Formation Documentation:

• Certificate of Incorporation or LLC Articles of Organization
• Operating agreements or bylaws clearly defining ownership structure
• Business licenses and permits required for the specific industry and jurisdiction

5. Comprehensive Business Plan:

• An extensive business plan detailing business objectives, market analysis, growth strategies, projected financials, and management structure
• Job creation projections highlighting potential employment opportunities generated for American workers
• Detailed explanation showing how the business will become operational and financially viable within five years

6. Evidence of Active Enterprise:

• Lease agreements or property purchase documents for business premises
• Contracts with suppliers, distributors, and other partners within the United States
• Marketing and promotional materials or websites clearly indicating readiness to operate

7. Source of Funds Verification:

• Bank statements showing a transparent flow of investment funds
• Documents proving the legality of the source of funds, including personal savings records, real estate sales, business profits, inheritances, or loans secured against personal assets
• Affidavits from financial institutions confirming legitimacy and ownership of funds

8. Managerial Control Documentation:

• Organizational charts illustrating your role and control within the US business
• Employment contracts or board resolutions establishing your authority
• Evidence showing your managerial or executive qualifications, including resumes, professional credentials, and relevant business experience

9. Evidence of Treaty Investor Status:

• Proof that the majority ownership (at least 50%) of the US business remains with Canadian nationals
• Documentation clearly establishing your Canadian nationality

10. Supporting Documents for Dependents:

• Passports and photographs of spouse and minor children
• Marriage and birth certificates
• Evidence of family relationship, such as joint bank accounts, property deeds, or tax returns

How We Can Help

Navigating the complexities of an E-2 Visa application demands precision, careful planning, and a thorough understanding of both the general stipulations and Canadian-specific requirements. Partnering with a US immigration lawyer experienced in helping Canadian entrepreneurs apply for an E2 Visa is essential. Our legal team, based in Ontario, offers detailed, personalized support tailored to your unique situation, ensuring every element of your application aligns perfectly with the stringent criteria set by immigration authorities.

Because our US immigration law firm is based in the Toronto area, we possess in-depth knowledge of the nuances involved in applying for an E2 Visa from Canada. Our specific focus on Canada to USA immigration allows us to meticulously guide our clients through the process from start to finish. We have experience crafting a persuasive and compliant E2 package that clearly demonstrates an applicant's eligibility and readiness to operate a successful enterprise in the United States. Our comprehensive approach covers everything from strategic planning, documentation organization, to addressing potential questions or concerns immigration officers may have during the review process.

Our expertise extends beyond standard procedures; we proactively anticipate potential challenges or issues uniquely faced by Canadian business owners, leveraging our extensive experience to preemptively resolve them. By working closely with our dedicated legal team, you receive not just advice but a strategic partnership, maximizing your chances of receiving timely approval of a US Investor Visa.

If you're a Canadian entrepreneur eager to tap into the vast opportunities available south of the border, contact our office today!