Identify what the business controls
Describe the premises, equipment rights, licences and operating resources the enterprise will actually have. Review the terms and any conditions still outstanding. A lease can explain access to an asset without proving every requirement for a real operating enterprise. Compare the signed premises and equipment agreements with the operating plan. The question is whether the enterprise can actually deliver its service on the requested facts, not whether it owns every asset it will use.
Establish nationality and direction
The enterprise generally needs at least 50% ownership by nationals of the relevant treaty country, and the applicant must develop and direct it. Read actual voting and management rights. Canadian permanent residence is not Canadian citizenship, and ownership percentage alone may not explain control. Confirm passport nationality, ownership, voting rights, and managerial authority using the company documents rather than an informal description. The applicant must direct and develop the enterprise; relevant treaty nationals must hold the required ownership nationality.
Trace the actual investment
Establish lawful source and path, substantiality and genuine at-risk commitment under the real agreements. E-2 has no fixed universal minimum. Review financing and collateral accurately; borrowing secured by enterprise assets is treated differently from qualifying personal funding arrangements. Do not apply a loan label without reading the security terms. Follow each dollar from lawful source through transfer, escrow, purchase, or binding obligation. Qualifying funds must be irretrievably committed to commercial risk, and a loan secured by business assets needs particular care.
Support operations and nonmarginality
Explain revenue, expenses, staffing and supported projections under the actual nonmarginality standard, including the relevant capacity for more than a minimal living or significant economic contribution. E-2 does not impose ten jobs. Canadian citizens generally require an E visa; do not import TN visa exemptions into this route. Test the revenue model against expenses, staffing needs, and the household's support. The enterprise may not be marginal; it must show present or future capacity beyond basic household support, and Canadian applicants ordinarily seek an E visa before travel.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.