IN THIS GUIDE · Ask the seller the questions that decide whether a Lac-Beauport buyer's purchase is a treaty investment
Start with the E-2 eligibility and application overview
Ask who owns the business now and who will own it after closing
Hypothetical example: a Lac-Beauport couple who operated a small inn agree to buy a U.S. bed-and-breakfast from two American partners, with one partner staying on as a minority owner. Treaty nationals must hold at least fifty percent of the enterprise, so the exact post-closing percentages matter more than the purchase price. Obtain the operating agreement as it will read after closing, not the current version.
Ask what the money buys and when it becomes irrevocable
Funds sitting in the buyer's account are not invested. Read the purchase agreement, the deposit terms and any escrow instructions to see at what point the capital is committed. An escrow that releases only on visa approval is a recognized way to keep funds at risk while protecting the buyer, but a deposit that is refundable for any reason is not yet an investment. Loans secured on the business itself do not count as the investor's capital; loans secured on personal assets can.
Ask for the records that show it is a real, non-marginal enterprise
Request tax returns, payroll records, licences and supplier contracts for several years. A business that has never employed anyone other than the owner needs a credible plan to become more than a source of the investor's own living, and the file must show that capacity. The substantiality test compares the investment with the cost of the business, so an honest valuation is part of the immigration evidence.
Confirm who will develop and direct it
The investor must be in a position to run the enterprise, ordinarily through majority ownership or operational control. If the Lac-Beauport buyers plan to keep a Québec business running as well, document how they will direct the U.S. enterprise in person. E-2 spouses are employment-authorized incident to status; children may study, cannot work and lose status at 21.
Settle nationality and ownership before drafting anything
Passive interests are structured so the holder cannot direct, which is exactly what makes them unsuitable as the qualifying enterprise. E-2 requires qualifying treaty nationality, at least 50% relevant treaty-national ownership of the enterprise and the applicant’s development and direction; the option label alone cannot settle those conditions. Ask both whether the enterprise will be real and operating by the interview date: a signed yard lease, purchased equipment, a state contractor’s registration and a first customer contract answer marginality better than projections.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.