E-2 Visas for Canadians

A VISAS-USA.org Guide for Canadian Citizens: Applying for and Receiving an E-2 Visa in the United States

Introduction

The E-2 Visa is a non-immigrant visa designed for foreign investors who wish to invest a substantial amount of capital in a business in the United States. This visa allows the investor to live and work in the U.S. while managing their investment. For Canadian citizens interested in pursuing this option, the following steps outline the process of applying for and receiving an E-2 Visa in the United States.

Step 1: Confirm Eligibility

To qualify for an E-2 Visa, the applicant must:

Be a citizen of a country that has a Treaty of Trade and Commerce with the United States, which includes Canada.
Invest a substantial amount of capital in a bona fide U.S. business.
Demonstrate that the investment is not marginal and has the capacity to generate significant income or provide employment opportunities.
Show intent to return to their home country upon the visa’s expiration.

Step 2: Gather Required Documents

The applicant must prepare and gather the following documents:

Form DS-160: Online Nonimmigrant Visa Application, completed and submitted online, with the confirmation page printed.
Form DS-156E: Treaty Investor/Treaty Trader Application.
A valid Canadian passport with at least six months of remaining validity.
A 2×2 inch color photograph that meets the U.S. visa photo requirements.
Proof of investment, including financial statements, contracts, and other relevant documents.
A comprehensive business plan detailing the nature and scope of the investment, projected growth, and job creation potential.
Evidence of the applicant’s qualifications and experience in managing the business.
Proof of ties to Canada, such as property ownership, family connections, or other evidence of intent to return.

Step 3: Schedule and Attend the Visa Interview

After submitting Form DS-160, the applicant must schedule a visa interview at the U.S. Embassy or Consulate in Canada. It is essential to schedule the interview well in advance, as wait times can be lengthy. During the interview, the consular officer will review the applicant’s documents and ask questions about the investment and the applicant’s qualifications.

Step 4: Pay the Visa Fee

The applicant must pay the E-2 Visa application fee, which is subject to change, so it is essential to check the U.S. Embassy or Consulate website for the most up-to-date information. Payment instructions will be provided at the time of scheduling the interview.

Step 5: Visa Adjudication and Issuance

Following the interview, the consular officer will determine whether the applicant is eligible for the E-2 Visa. If approved, the visa will be issued and placed in the applicant’s passport. The processing time for the E-2 Visa varies, but applicants can generally expect a decision within a few weeks of the interview.

Conclusion

Applying for an E-2 Visa is a complex process that requires thorough preparation and attention to detail. The legal team at VISAS-USA.org will walk you through the process.