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FOR ENTREPRENEURS · LÉVISLévis

Your ambition.Your enterprise.

E-2 status lets a national of a treaty country, which includes Canada, come to the United States to develop and direct a real business in which they have invested a substantial amount of their own money at risk. Every word in that sentence is a condition. The investor's citizenship must be a treaty nationality, and at least half of the business must be owned by nationals of that same country. The money must be irrevocably committed, not merely available. The amount must be substantial relative to what this particular business costs. The business must be a genuine operating enterprise capable of more than supporting the investor's family. And the investor must actually run it, which ordinarily means owning at least half or holding operational control. Most Lévis cases that fail do so on control or on the timing of the commitment, not on the amount.

Talk about E-2
PurposeDevelop and direct a business
InvestmentSubstantial and at risk
Fixed minimumNo universal dollar threshold

IN THIS GUIDE · Find the control problem in a Lévis buyer's E-2 deal before the deposit is paid

Start with the E-2 eligibility and application overview

01

Read the shareholder agreement for who really decides

Hypothetical example: a Lévis insurance-claims manager plans to buy a U.S. commercial-roofing contractor with a U.S.-citizen partner, fifty-fifty, with the partner holding a casting vote on hiring and spending. The Canadian's half meets the ownership arithmetic, but the casting vote means she does not develop and direct the enterprise, and only nationals of the treaty country count toward the fifty percent. Either the ownership split or the voting rights must change before the deal is presented. Read every clause on tie-breaks, vetoes and board composition before signing.

02

Commit the money in a way that is real but not reckless

Funds sitting in a Lévis savings account are not invested. Funds paid into an escrow that releases to the seller when the visa is issued and returns to the buyer if it is refused can qualify, because the commitment is irrevocable on the investor's side. A signed purchase agreement with a deposit and a closing conditional only on the visa is a common structure. The point is to have the money at risk of loss if the business fails, while not losing it merely because the immigration decision goes the wrong way.

03

Measure substantiality against this business, not a rule of thumb

There is no statutory minimum. The test is proportional: the investment is compared with the total cost of buying an existing business or establishing a new one of this kind. A small service business bought outright for its full price is usually substantial; a fraction of the price of a capital-intensive operation may not be. Assemble the seller's financial statements, the asset list and the working-capital budget so the proportion can be shown rather than asserted.

04

Show the business is more than a job for one person

A marginal enterprise, meaning one that lacks the present or future capacity to generate more than a minimal living for the investor and family, does not qualify. The file should show non-marginality through present income, a credible five-year forecast, or evidence of a significant economic contribution; staffing can support that showing but is not an independent minimum. Keep the projections defensible: an officer reads financial statements, and a hockey-stick forecast pasted onto a stable small business is a warning sign, not a strength. Canadian citizens generally apply for the E visa at a consulate, so plan for that interview.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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