US E2 Visa (Treaty Investor Visa) for Canadians in 2026
Canadian citizens looking to develop their business in the United States may be eligible to apply for an E2 Visa (Treaty Investor). This visa allows international investors to temporarily live and work in the US while conducting business.
If you need assistance with your E2 visa application, give us a call at +1 844 312 4979. We are here to help you online, in person, or over the phone.
Content:
- What is an E2 Visa?
- What are the requirements for an E2 Visa?
- How do you apply for an E2 Visa?
- What are the documents required for an E2 Visa?
- Bring your family to the US on a E2 visa
- How much money is an accepted investment for an E2 Visa?
- How long does it take to get an E2 visa?
- How much does it cost to apply for a US E2 visa?
- How long does an E2 Visa last?
- How Total Law can help
- Frequently Asked Questions
What is an E2 Visa in US?
Also known as the Treaty Investor Visa, the E2 Visa is a non-immigrant visa that allows Canadians to travel to the US for either business or investment purposes.
This visa does not lead to permanent immigration status. It is for short-term or fixed-term purposes only. You can stay in the US for five years with an E2 Visa.
You may be able to renew and extend your stay on the grounds that your situation has not changed, your business continues to run successfully, and you remain in the US.
To be eligible for the E2 visa, you must be a citizen of one of the 84 countries that the US has signed the Treaty of Commerce with, and Canada is one of them. You must either fully or partially own and/or invest in an US-based enterprise to reap the benefits of being able to stay in the US on a long-term basis, allowing you to develop and direct the operations of business.
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How do you apply for an E2 Visa from Canada?
To start the application process for an E2 Visa, you must first register your company with the E-Visa Unit. Per guidance from the U.S. Department of State, applicants should submit their applications in their country of residence or nationality (effective September 6, 2025).
To have your company reviewed by the E-Visa Unit, you will need to complete the following process:
- Gather all documentation pertaining to your E-visa application
- Complete and submit the Online Visa Application (DS-160) and upload your photo
- Print the bar-coded DS-160 confirmation page (to be submitted with your application)
- Complete and submit Form DS-156E (not required for dependants)
- Create a user profile
- Pay the visa application fee for yourself and any accompanying family members
Where to apply in Canada
If you are a first-time applicant or want to renew the registration status of your E-visa company already registered, you must apply in Toronto. Send your application and supporting documents to the U.S. Consulate in Toronto electronically via [email protected].
Employees of currently registered E-visa companies as well as qualifying family members of current E-visa holders may schedule the next available appointment in Calgary, Montreal, Ottawa, Vancouver or Toronto.
Attending your visa interview: What you must know
Once your application has been completed and reviewed, you will be contacted with a date for your visa interview. You must attend this interview within 90 days of the offer being made. Once this time lapses, your application will expire and you will have to start the process from the very beginning.
If your company is already registered with the E-Visa Unit, you can simply make an appointment for your visa interview through the US Visa Appointment Service. You will not be required to submit any documentation in advance, but you may be instructed to bring some with you at the time of your visa interview.
It is best to ask if you need to bring anything if you have not been advised to do so, as it will prolong the application process if you do not attend the interview fully prepared.
What are the requirements for an E2 visa for Canadians?
Canadians may be eligible to apply for a E2 visa if they are planning to invest in an existing business in the US, set up a new business, or have stakes in one. The eligibility criteria are as follows:
The business must be a for-profit one and employ mostly American workers. It must be engaging in trade relations with other US companies. The business must also make a significant income or a great economic impact on the US.
The applicant must have at least 50% stake in the business, a managerial or supervisory role, and be in a position to have operational control. They must also have provided substantial capital to the business. They should also have experience as an entrepreneur and show a genuine commitment to manage and develop the business successfully.
The investment made must be to generate a profit within the next five years. You will not have a successful application if you merely have good intentions or plans, regardless of the amount of money in the bank or proof of plans.
Certain funds are not permitted as business investments for an E2 Visa application. For example, loans that are secured against the business’s assets are not seen as investments that qualify but may suffice if it is a personal mortgage or equity line.
You may be able to leave the investment amount in escrow if you have concerns about transferring money before obtaining the E2 Visa. Upon proof of the available funds and intentions, the investment amount will be transferred to the business’s US bank account once the visa has been approved.
Eligibility criteria for employees of a treaty investor
To qualify for E-2 classification, the employee of a treaty investor must:
- Be the same nationality of the principal alien employer (i.e., Canadians in this case)
- Meet the definition of “employee” under relevant law
- Either be an executive or supervisor in the company, or have special qualifications
If the principal alien employer is an enterprise or organization, it must at least be 50% owned by Canadian nationals.
Required documents for US E2 visa from Canada
You must provide the following supporting documents along with your E2 visa application:
- Applicant’s proof of nationality (e.g., passport or evidence of legal status in Canada)
- Company ownership documents (such as business registration documents)
- Proof and source of investment
- Proof of E2 marginality (i.e., evidence that the business is not a marginal enterprise, which only generates enough income to provide a basic living for the investor and their family)
- Evidence that the business is a real and operating commercial enterprise
- IRS tax returns for established businesses and/or detailed plans for future businesses
- A copy of the biodata pages of the passports of all other business owners
- Signed document that the applicant will leave the US upon visa expiration
- Copies of any previous US visas (entry/exit stamps) and I-94 documentation (if applicable)
- Your current CV
- Copies of educational certificates
Larger or public companies may need to provide additional documentation.
Bring your family to the US from Canada on a E2 visa
You may bring your spouse and unmarried children under 21 to the US as E2 visa dependants. They don’t have to be Canadian nationals.
If their visa is approved, your spouse and children generally will be granted the same period of stay as yourself. If they are already in the US, they may apply to change their status by filing a single Form I-539.
E2 spouses are considered employment authorized in the US, except for spouses of long-term investors in the Commonwealth of the Northern Mariana Islands (E-2 CNMI Investors). They will have to apply for employment authorization if they wish to work in the US.
E2 family members must apply for an extension of stay before their own visa validity expires.
How much money is an accepted investment for an E2 visa?
Although there is no specific minimum amount of funds in place, your investment capital in the enterprise must be considered to be substantial. A ‘substantial amount of capital’ is:
- Substantial in relation to the total cost of either buying an established company or setting up a new one
- Sufficient to ensure your financial commitment to the successful operation of the business
- Enough to support the business in case it develops further
The lower the cost of your business, the higher the investment must be to be considered substantial. You must also be able to show that the funds have not been obtained, directly or indirectly, from criminal activity.
It is at the discretion of the US government to set a precedent for investment, depending on the nature of your business. You must be able to demonstrate that the enterprise is viable to the point of making an economic impact, as opposed to just providing support to you and your family.
How long does it take to get an E2 visa for US?
An E2 visa from Canada usually takes 7-10 business days after the interview to be processed. However, this timeframe may vary depending on your specific circumstances.
Plus, E2 visa applications are prioritized on a first-in, first-serve basis, so the faster you complete your application and gather your documentation, the faster your application will be processed.
It is best to get your foot in the door as soon as possible. Do not make travel plans before you get back your passport with the visa stamp.
How much does it cost to apply for a US E2 visa?
The applicant will be responsible for the following E2 visa application fees:
- Form DS-160: $315.00
- Costs of certified translations (if not documents are not in English): costs will vary
- Visa issuance fee (if applicable): costs will vary depending on the country from where the visa was issued
- Premium Processing (optional): $2,805
How long does the US E2 visa last?
The maximum length of a single E2 Visa for Canadians is five years. However, US Customs and Border Protection (CBP) typically grants an authorized stay of up to two years every time you enter the US on an E2 visa, regardless of how long your visa stamp has left.
You can renew or extend your E-2 status as many times as you want, in 2-year increments, as long as your business remains active and meets all rules. You must also maintain an intention to depart the US upon visa expiry or termination.
How can Total Law help Canadians with their US E2 visa applications?
Our expert team of immigration attorneys has helped many clients apply for US E-2 Treaty Investor Visa. We understand the complexity of the application and can help businesses turn their proposal into an effective plan.
Our immigration attorney services include the following:
- Overseeing your E-2 Visa application forms to make sure that you have a strong application before submitting it to USCIS
- Checking to make sure that you have enough adequate documentation about your business
- Following the E-2 application process so that your employees can join you in the United States as well
- Liaising with your local U.S. Consulate and the USCIS on your behalf
For more information and advice, please contact us on +1 844 312 4979 or use our online inquiry form.
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Related pages for your continued reading.
Frequently Asked Questions
Permanent residency in Canada does not help you qualify for an E2 visa US. This is because the E-2 treaty applies to only the citizens of treaty countries.
E2 approval rate was near 90% in FY2024. In fact, approval rates have remained above 90% since FY 2021, and stayed broadly in the 88–93% range since FY 2019.
You can as long as such a loan is secured by your personal assets, and not by the business itself. Unsecured business loans typically don’t count as capital for investment.
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