The E-2 Investor Visa provides Canadians with the opportunity to live in the United States while working and managing their own U.S. based business.
There are lots of questions that surround the E-2 visa. In this article, we’ll walk you through the submission process such as where to apply, how to apply, what forms are required, and visa fees.
Most importantly, we’ll highlight the investment process which is all the pre-work that needs to be done even before an E-2 application is prepared and submitted.
The following application and submission information is specific for Canadian citizens and legal residents of Canada.
- Where to Apply
- Submission Process
- After Submission
- Investment Process (Before Submission)
- Summary FAQ
Please note that each U.S. Embassy or Consulate has its own procedures and requirements. E-2 Visa submission procedures and processes are subject to change without any given notice by the U.S. Embassy or Consulate.
Where to Apply
Toronto U.S. Consulate
Canadians can apply for the E-2 Investor Visa at the U.S. Consulate in Toronto, which is specifically designated for handling E-2 visa applications. Once approved, Canadians can receive an E-2 visa valid for up to five years, allowing multiple entries into the United States during this period. This means that the E-2 visa for Canadians authorizes travel in and out of the U.S. without restrictions.
What About Other U.S. Consulate Locations?
All other U.S. Consulates in Canada do not process E-2 investor applications, except for E-2 dependent spouses and children, or employees filing separately from the primary E-2 investor applicant.
Can I Apply Inside the U.S.?
Applying within the U.S. is known as a Change of Status (COS). This process differs from applying for an E-2 visa at the U.S. Consulate in Toronto. There are significant differences that lead most Canadians to prefer applying in Toronto. For details about COS verses Consular visa processing, watch our video.
This article will focus on E-2 visa submission to the U.S. Consulate in Toronto.
Submission Process
The submission procedure for the E-2 Investor Visa involves several key steps outlined below. Before filing an E-2 application, the investor must first meet the E-2 visa requirements by making a qualifying buisness investment, as described in the section titled "Before Submitting the E-2 Application" in this article.
Completing the DS-160 Form
Once an applicant has completed their investment, the first step in the submission process is to fill out the Form DS-160, online non-immigrant visa application. This form typically requires details about your visa and U.S. travel history, education and work history, and, most importantly, information about your investment amount, expenditures, business details, and employees.
If an investment has not been completed through either starting a new business or purchasing an existing business, you will be unable to properly complete the business information section of the DS-160, and thus, preventing you from submitting the application form. It is crucial to ensure all information is accurate and up-to-date, as any discrepancies between your answers and the supporting documents can delay your visa processing or result in E-2 visa denial.
You should not submit the DS-160 form for your E-2 visa application, until you have made a business investment that meets the E-2 visa requirements. For more details on making a qualifying investment, please refer to the section titled "Before Submitting the E-2 Application" in this article.
Prepare and Submit Form DS-156E, Treaty Investor Application
Form DS-156E is used for the E-2 Investor Visa to demonstrate the applicant is making a substantial investment in a qualifying U.S. business by either starting a new business or purchasing an existing one. This form is typically submitted together with supporting documents for the E-2 investment.
Key Sections of DS-156E
Part 1: Information About the U.S. Enterprise
- Details about the U.S. business, including name, address, nature of the business, and proof of the enterprise's nationality.
- Information about the total investment amount and the applicant’s role in the business.
Part 2: Information About the Staff
- Information about the U.S. business personnel, such as managers and employees.
Part 3: Information About the Applicant
- Description of the applicant’s qualifications and how they are essential to the enterprise's operations.
Form DS-156E may seem straightforward with only three pages, but it is more complex than it appears. Completing sections such as "Total Investment" requires a deep understanding of what constitutes a substantial investment in relation to the business; the appropriate balance of remaining cash; and which equipment purchases count toward the investment (e.g., whether a vehicle purchase is included). There is significant preparatory work and understanding required to make an investment eligible for the E-2 visa before filling out this form. Additionally, any discrepancies between this form, the supporting documents, and the DS-160 can lead to visa delays or even denial of the visa application.
Pay the Visa Fee
The visa fee for the E-2 Investor Visa is $315 USD per person. For families, this fee will multiply by the number of applicants. For example, a family of four will need to pay a total of $1,260 USD (315x4).
Keep in mind that visa fees are subject to change, so please verify the current fee amounts before making payments.
Supporting Documents
Compile all necessary documents and evidence to support your E-2 application. This includes your DS-160 confirmation page(s), visa fee payment receipt, and any additional documents required by the U.S. Consulate, such as but not limited to:
- Passports
- Business registration documents
- Partnership agreement
- Shares/stock certificates
- Source of funds
- Receipts/Invoices of startup expenses
- Purchase agreement for purchasing existing business
- Bank statements
- Proof of payroll
For more examples, sign-up for the “Ultimate E-2 Visa Guide”, where you’ll receive our eBook containing a list of common supporting documents for the E-2 visa.
Prepare a Cover Letter and Table of Contents
The Toronto U.S. Consulate requires a cover letter explaining how the applicant's investment meets the E-2 visa requirements. Additionally, a table of contents outlining the supporting documents must be included in the application.
Submit the E-2 Visa Application Package
Submit the forms, cover letter, table of contents, and supporting documents to the Toronto U.S. Consulate, which only accepts digital submissions by email.
Disclaimer: Visa fees and submission procedures are subject to change. Always check the latest information on the U.S. Consulate's website before proceeding.
After Submission
Once you have submitted your E-2 visa application, the processing time can vary. Typically, it takes between 1-3 months for the U.S. Consulate in Toronto to review and process an E-2 application in most cases. The 1-3 months process includes:
Application Review
Consular staff will review your application to ensure all documents are complete and accurate. They may request additional information if needed. If they are satisfied, the Consulate will send you an invitation email to schedule a visa interview appointment. It may take between 2-4 weeks or longer to receive a reply from the consulate. Applicants will need to be patient.
Visa Interview Scheduling
If your application meets the necessary criteria, you will receive an email inviting you to schedule an interview appointment at the Toronto consular office. Note that interview dates are usually available one or more months into the future.
Visa Interview
During the interview, visa officers will assess your eligibility for the E-2 visa. Be prepared to discuss your investment, business plans, and personal background. After the interview, you will receive a response indicating whether your application is approved, denied, or requires further administrative processing.
Investment Process (Before Submission)
The E-2 visa requires that an investment be committed first. In simple terms, you need to actually invest your funds to start up a business or purchasing an existing business before submitting anything to the U.S. Consulate.
How To Get Started On The Investment Process?
- Speak with an experienced E-2 Visa Attorney:
Receiving proper guidance from the beginning is important. An experienced attorney can help you understand what qualifies as legitimate funding sources; how to transfer funds correctly; and other important details. Avoid common mistakes that could lead to E-2 visa denial.
Videos
- Two Essentials To Discuss With An E2 Attorney
- 3 Key Factors for E-2 Visa Approval
- Foundations To A Strong E-2 Application
Speak With Us – let us know your goals, get real-life strategies, get your questions answered.
- Determine the Right Investment Amount:
Make sure you have a substantial investment amount appropriate for the type of business, and have a clear understanding of how to allocate the investment spending to satisfy the E-2 visa requirements. Use the free resources below to learn how much to invest for the E-2 visa.
Reading Material
Videos
- Choose the Right Business:
Decide on a business to start-up or purchase. From evaluating thousands of businesses, Attorney Bobby Chung has developed a four factor formula to determine ideal business models for E-2 visa eligibility. You can find out what these four factors are in the links below.
Reading Material
Videos
Start-up Businesses: We assess start-up business models and provide feedback on how to make them qualify for the E-2 visa using our four-factor formula.
Existing Businesses: We evaluate the financial performance of existing businesses, growth potential, and offer insights into their eligibility for the E-2 visa or suggest improvements to meet E-2 visa requirements based on our four-factor formula.
- Make the Investment:
Allocate the spending of funds for the business.
For a start-up business, visa officers seek evidence of a commitment to future growth, such as adequate working capital, hiring American workers, securing commercial premises, purchasing inventory, conducting marketing, and establishing necessary infrastructures. Generally, a substantial investment is necessary to demonstrate this level of business operation and to be seriously considered by visa officers.
For an existing business, this means having a purchase agreement and proof of funds committed to the business acquisition. Depending on the business performance and financial strength, the visa officer may also expect to see additional investments to make business improvements and demonstrate future growth potential.
Check out our fantastic video that offers a detailed walkthrough of the E-2 process, featuring one of our Canadian clients.
In this video, we explore common concerns and discuss three major challenges that Dave, our client, encountered—challenges that many investors face. We also share practical solutions to help you overcome these hurdles.
Reading Material
Video
All Investment Funds Must Come from Qualifying and Traceable Sources (NO CASH)
The source of your investment funds may be scrutinized closely. Funds must be obtained legally, and you should be prepared to provide clear documentation proving their origin. This could include bank statements, tax returns, asset sales, and/or evidence of business profits.
How Do I Start or Purchase a Business if I am Not in the United States?
When you are ready to make an investment and have received full guidance from an experienced E-2 attorney, you can begin by visiting the United States to establish a physical business presence or search for and purchase an existing business. Canadians may seek entry into the U.S. with their Canadian passport as B-1 Business Visitors. Canadians normally do not need to apply for a visitor’s visa. While entering as a B-1 business visitor allows you to conduct business set-up activities, it does NOT authorize you to work, until you receive the E-2 visa. It is crucial to clearly communicate to the border CBP officers your intention to make a business investment and then depart the U.S. to apply for the E-2 visa with the U.S. Consulate to avoid the risk of being denied entry into the U.S.
Conclusion
The E-2 Investor Visa process for Canadians requires careful preparation and attention to detail. The right E-2 attorney can help you properly implement and optimize the business investment to satisfy the E-2 visa with actionable real-life strategies.
Get started with us – share your goals and find out how to make a strong investment for the E-2 visa
Summary FAQs
How long is the E-2 visa valid for Canadians?
The E-2 visa for Canadian applicants is valid for up to five years, allowing multiple entries into the United States during this period.
What is the visa fee for the E-2 application?
The consular visa fee is $315 USD per person. For a family of four, the total cost would be $1,260 USD.
Where should Canadians apply for the E-2 visa?
Canadians should apply with the U.S. Consulate in Toronto, which handles all E-2 visas for Canadian investors.
How long does the E-2 visa processing take?
The E-2 applicant must first make an investment. The investment process can take between 2-5 months or more for many of our E-2 clients. The time it takes will depend on the individual and how quickly they complete their investment process.
After submitting the E-2 application, the Toronto U.S. Consulate’s processing time usually ranges between 1-3 months in most cases, depending on the completeness and accuracy of the application, and the Consulate’s workload at the time you apply. Generally, the Toronto Consulate is one of the most efficient and faster U.S. Consulates to process E-2 applications in our experience.
What documents are required for the E-2 application?
Required documents include the DS-160 confirmation, visa fee receipt, Form DS-156E, Cover Letter, Table of Contents and supporting documents, including biographic documents, business plan, documents evidencing proof of funds, receipts/invoices/contracts evidencing investment expenditures, and any additional forms specified by the U.S. Consulate.
How do I get started?
Speak with an attorney, determine your investment amount, select a business, and then make your investment.
What should I expect during the E-2 visa interview?
During the interview, Consulate Officers will evaluate your E-2 visa eligibility based on your investment, business plans, and background. Be prepared to discuss details provided in the DS-160 and DS-156E as well as any unique challenges to your case and solutions to overcome them. Your E-2 attorney should help you prepare for the visa interview.
Please Note: This blog is intended solely for informational purposes and should not be regarded as legal advice. As always, it is advisable to consult with an experienced immigration attorney for personalized guidance based on your specific circumstances.