Understanding E-2 Visas For Canadian Citizens

In this article, you will discover:

• What the E-2 Visa is and the eligibility requirements of this visa.
• How to apply and receive an E-2 Visa as a Canadian citizen.
• How an immigration law attorney can assist you in obtaining an E-2 Visa.

What Is The E-2 Visa For Canadian Citizens?

The E-2 visa is available to Canadian Citizens who are coming to the United States to develop and direct the operations of a business. It’s a long-term visa given to people who will start a business (or purchase a business) here in the United States. In other words, it is a special visa for entrepreneurs and business owners.

One great thing about the E-2 Visa is that it allows for multiple entries. This means that you are free to travel in and out of the United States as much as you need to while your visa remains valid.

Are Canadians Eligible For E-2 Visas?

YES! In fact, Canada has one of the highest number of E2 issuances in the world. The E-2 visa stems from economic bilateral treaties that the US has with specific countries. Canada has been an E2 Treaty Country with the United States since January 1, 1994!

Another bonus that’s unique to E2 Visas from Canada is that the visa has a maximum validity period of five years. After five years, the visa is up for renewal. As long as your business is still operating and meeting the requirements, you can renew it for another period.

How Long Does It Take For A Canadian To Get An E-2 Visa?

The amount of time that it takes to obtain an E-2 visa will vary by individual and can involve several factors. An important consideration is how quickly you submit your documentation and paperwork.

Typically, for our firm, we move clients through a structured process. While not every timeline will be exactly the same, the steps that we move through remain the same:

• Phase 1: Collect client documentation and paperwork over two to three months.
• Phase 2: Check in with the client every two to three weeks, adhering to checklists provided at each appointment.
• Phase 3: Submit the completed application to the embassy in Toronto, Canada.
• Phase 4: Schedule an appointment with the embassy for approval.

While the amount of time each phase takes can change, full submission of the application and getting an appointment with the US Embassy usually takes three to five months. Altogether, the whole process can take four (4) to six (6) months to complete. However, we are fully capable of moving faster or slower according to your personal needs.

What Is The Success Rate Of An E-2 Visa For Canadian Citizens?

Most E-2 visas for Canadian citizens are processed in Toronto, Canada, and typically, most are approved. In general, E2 visas have a very high approval rate worldwide (about 92%). The United States loves to give E2 Visas because it is beneficial to the US economy.

Keep in mind that your immediate family members can also accompany you to the United States. This is a huge benefit and makes the E-2 Visa even more rewarding.

Is There A Minimum Investment For The E-2 Visa For Canadian Citizens?

There is no minimum investment. Every case is different and it depends on the kind of business you are starting. If you have questions whether your investment is substantial, you need to speak with a qualified E2 Visa attorney before submitting your application.

Some businesses are more expensive than other businesses to start. If you want to start a business that is expensive, you need to invest more upfront. Being able to invest more money upfront shows that you believe in the business’s profitability and that you are committed to making it operational.

What Are The Qualifications For The E-2 Visa For Canadian Nationals?

The basic qualifications for the E-2 Visa will be the same for all applicants and are as follows:

1. You have to possess the nationality of the treaty country. In this case, you must show proof that you are a Canadian citizen, which is as simple as showing your Canadian passport.
2. Show proof that you have a business that is at least incorporated and that you’ve made an investment into. This works even if you’ve just purchased a business or are about to purchase a business.
3. Finally, you need to show that you have a business plan, including projections for the business. This demonstrates to the visa officer that your business will be successful and, if yet to be started, is on the verge of being operational.

Can The E-2 Visa Lead To A Permanent Stay In The United States?

While the E-2 visa is not a direct path to a permanent stay, it is a good springboard into other opportunities that can lead to permanent residence.

It’s important to speak with your attorney at the beginning about what your end goals are. If permanent residency is on the horizon for you or is something you’re planning on eventually doing, there are multiple ways an E-2 can potentially lead to this end.

One of the ways involves setting up your business to qualify for an NIW (National Interest Waiver) green card. This process allows people to apply who are doing work in the national interest of the United States.

For instance, medical professions and the STEM (science, technology, engineering, and mathematics) industry often fall into the EB-2/NIW category.

Another path to a Permanent Residence way is if you have immediate family already residing in the United States. You can always immigrate to the United States through immediate family members. If you have US Citizen children in the US, your kids could help you immigrate to the United States.

Can Canadian Nationals Bring Their Family To The US On The E-2 Visa?

Family is defined in a specific way under the E-2 Visa regulations. It must be your spouse and children under the age of 21. It cannot include cousins, aunts, uncles, etc. They have to be immediate family members. Extended family and close friends don’t qualify as “immediate” family members.

However, if some of these individuals are listed as essential employees of your business, they may be able to accompany you to the United States.

A huge benefit to the principal applicant getting approved for their E-2 is that they can bring employees. If they meet the definition of an essential employee, they can also come with you on an E-2 visa if they don’t qualify as a family member.

Why Do I Need An Experienced E-2 Visa Attorney With Specific Experience In E-2 Visas For Canada?

The visa offers inside the US Embassy in Toronto are very experienced with E2 Visa applications. Therefore, an attorney guiding you through this process makes a huge difference in navigating the visa application process. Keep in mind that your E2 visa is not only an immigration process, but also a business process. There are lots of regulations and nuances to navigate, so we always recommend you invest in an E2 Visa attorney to ensure that you have the advantage and are set up for success!

For more information on US E-2 Visas For Canadian Citizens, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 305-680-1747 today.

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