Read the general investor planning overview
Hypothetical example: a Balgonie journeyman carpenter wants to start, not buy, a deck-and-fence construction company in a U.S. state, with his own savings and no partners. A new business can qualify for E-2, but the investor must show funds irrevocably committed and at risk, a substantial investment relative to what such a business costs to establish, a real operating enterprise that will be more than marginal, and his own direction of it. For a startup, what has been spent, on what, and in what order carries the case.
Decide what to commit before the visa and what to hold
Consular officers expect a new enterprise to be close to operating: a formed company, a lease or a binding agreement for premises, equipment purchased or under contract, insurance bound, a state contractor licence applied for or obtained, and a business bank account funded. Money still sitting in a Canadian savings account is not committed. At the same time, spending everything before a visa decision leaves a refused applicant owning a truck and tools in a country he cannot work in. The usual balance is to commit the portion that establishes the enterprise, use escrow or conditional agreements for larger items such as a vehicle purchase, and document the remaining working capital as earmarked in the U.S. account. A written business plan should show the whole budget and which items are already spent.
Meet the substantiality and marginality tests for a one-person startup
Substantiality is proportional: for a construction startup that costs a modest amount to establish, the investor should be putting in most or all of that amount, and a plan that treats a small deposit as substantial will fail. Marginality is the harder test for a sole tradesperson, because a business that only pays the carpenter a wage is marginal by definition. The plan must show the capacity to employ U.S. workers within a reasonable period, typically supported by projected hires, subcontractor agreements and contracts or letters of intent from builders or homeowners. Realistic five-year projections prepared with an accountant, showing payroll for at least a small crew, address this directly. Overstated projections that do not match the equipment and capital being invested are noticed.
Keep control, nationality and licensing straight
As sole owner the carpenter develops and directs the enterprise, and his Canadian passport establishes treaty nationality; if he later brings in a U.S. partner, treaty-national ownership must stay at fifty percent or more. The state's contractor licensing and bonding rules are outside immigration law but inside the business plan: an E-2 visa does not license him to build, and the officer may ask how the company will lawfully operate. Include the licence application, insurance certificates and any required bond. Fund the investment from traceable personal sources, savings or a loan secured on his Canadian property, since borrowing secured on the new company's assets does not count. His spouse would be employment-authorized incident to E-2 status; children may study but not work. E-2 does not provide a direct path to permanent residence.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.