IN THIS GUIDE · Keep control when a Shannon service contractor buys into a U.S. business with an American partner
Start with the E-2 eligibility and application overview
Draft the ownership so Canadian nationals hold at least half
Hypothetical example: a Shannon resident who runs a commercial cleaning and facilities-services company plans to buy into a fire-protection equipment servicing business in Virginia with its American founder. If she takes fifty percent and he keeps fifty, the treaty-ownership test is met at the minimum and her control must then come from the operating agreement. At forty-nine percent it fails outright. The share split should be decided with E-2 in view before the purchase price is negotiated, not adjusted afterwards.
Write control into the operating agreement
Development and direction means the investor has the authority to run the enterprise: as sole manager, as the officer with operational control, or through voting rights that give her the final say. An equal partnership with deadlock provisions can leave neither partner in control. The agreement should name her as managing member with authority over hiring, contracts and finances, and the partner's consent rights should be limited to matters that do not undercut that authority.
Commit the funds in a form the consulate treats as at risk
Her capital must be spent or irrevocably committed: paid for her share of the business, spent on equipment and vehicles, or placed in escrow releasable on visa approval. Money in her own account is not invested. Funds borrowed against the business are not her investment; funds borrowed against her Québec assets are. Every dollar needs a lawful source shown by tax returns, business financial statements and bank records, with certified translations.
Show substantiality and a non-marginal enterprise from the partner's books
The existing business's financial statements, payroll and service contracts prove it is real and operating and that it supports employees beyond the investor's family. Her investment is measured against the cost of acquiring her share and expanding the operation. A plan showing added technicians and service contracts over five years addresses marginality. The investor must actually direct the business from within the United States; a passive stake managed by the American partner is not E-2.
Argue non-marginality from renewals and capacity
A reviewer asks who borrowed, who is liable, what secured the borrowing, and which charges belonged to the enterprise rather than the household. Non-marginality is assessed on the enterprise's present or future capacity to generate more than a minimal living, or on a significant economic contribution, so set out the basis on which that capacity is claimed rather than leaving it implicit in a revenue forecast.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.