IN THIS GUIDE · Make a freight brokerage's modest capital count as substantial and non-marginal for E-2
Start with the E-2 eligibility and application overview
Apply the proportionality test honestly
Substantiality is not a fixed dollar figure; it compares the amount invested with the total cost of establishing the enterprise. For a brokerage, the cost of establishment is modest, so the investor should be funding most or all of it: office lease, transportation-management software, the federal broker registration and bond, insurance, initial payroll and a realistic carrier-payment float. A business plan that lists every cost and shows the investor's funds covering it satisfies the test better than a large round number with no budget behind it. Claiming costs that the business does not actually incur, to make the investment look larger, is noticed and damaging.
Commit the funds and show the risk
Funds in a Canadian account are not committed. Money spent on the lease deposit, the software subscription, the bond premium, insurance and the U.S. operating account is. Purchases with a return-on-refusal condition, such as an escrow released on visa issuance, are treated as committed because the investor cannot withdraw for any other reason. Borrowed funds count only if secured by the investor's personal assets, not by the brokerage's own assets. Trace each dollar from its Canadian source, whether savings, dividends from the Canadian brokerage or a personally secured loan, into the U.S. business, with statements at each step.
Prove the enterprise is real and not marginal
A brokerage is real when it is registered, bonded, insured, has premises, a bank account and the capacity to trade; letters of intent from shippers and agreements with carriers make the operation concrete before the first load. Marginality asks whether it will do more than provide a living for the investor and family. Five-year projections prepared with an accountant showing dispatcher and sales hires, supported by the Canadian brokerage's track record, address this. The first hire within the first year is a strong signal; a plan in which the owner is the only worker for five years is a weak one.
Keep ownership, direction and the consular process straight
The investor must own at least fifty percent or otherwise control the U.S. brokerage, and treaty nationals must own at least half. If the Canadian brokerage corporation is to hold the U.S. shares for tax reasons, its own ownership by Canadian citizens must be traced and the applicant must be its employee in an executive, supervisory or essential capacity; personal ownership is simpler. Canadian citizens apply for the E-2 visa at a U.S. consulate with the enterprise documentation and attend an interview. The spouse is employment-authorized incident to E-2 status; children may study but not work. E-2 does not lead to permanent residence by itself.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.