Treaty nationals must own at least half of the enterprise, and the applicant must develop and direct it, ordinarily through majority ownership or operational control. A retained U.S. minority partner is compatible with that; a fifty-fifty split with a U.S. citizen needs careful control provisions.
Percentages and control provisions decide it together
The nationality of the enterprise follows its ownership. If Canadian nationals hold fifty percent or more, the business has treaty nationality, and each Canadian owner who will develop and direct it can be considered as an investor. A Lac-Beauport buyer taking sixty percent with a U.S.
seller retaining forty satisfies the ownership threshold, and majority ownership ordinarily satisfies the direction requirement. Difficulties arise in equal splits. Where a Canadian and a U.S.
citizen each hold fifty percent, the Canadian must show operational control through the operating agreement: authority over hiring, spending and strategic decisions, or a management role that gives day-to-day command. A minority Canadian owner without such control will not qualify as an investor, although they may be employable as an E-2 essential employee if the enterprise otherwise qualifies. Draft the operating agreement with these rules in mind, and make sure the immigration lawyer reviews it before signature, since amending it after closing means reopening negotiations with a partner who has already been paid.