E-2 Visa for Canadians: Requirements and Where to Apply

Canadian citizens can get the E-2 treaty investor visa, and Canada is the third-largest E-2 nationality with 6,747 visas issued in FY2024. The key difference from ordinary Canadian travel is that a visa is required: federal regulations exempt Canadians from most U.S. visa requirements but expressly exclude E classification, so a Canadian investor obtains an E-2 visa at a U.S. consulate or changes status through USCIS while already in the U.S.

Is Canada an E-2 treaty country?

Yes. The Foreign Affairs Manual treaty table (9 FAM 402.9-10) lists Canada for both E-1 and E-2 classification, in force since January 1, 1994, the date the North American Free Trade Agreement took effect. Treaty trader and investor entry for Canadians continued after NAFTA was replaced by the United States-Mexico-Canada Agreement.

Eligibility depends on citizenship. Canadian citizens qualify; Canadian permanent residents do not qualify through Canada and must use the citizenship of another treaty country if they have one. The U.S. business must be at least 50% owned by Canadian nationals (or nationals of the single treaty country you choose if you are a dual citizen). Shares owned by U.S. green card holders do not count toward Canadian ownership. See E-2 ownership rules.

Do Canadians need a visa for the E-2?

Yes. This is the most common misunderstanding among Canadian investors. The State Department regulation at 22 CFR 41.2(a) says a visa is not required for Canadian citizens, except for those applying for admission in E, K, V or S classifications. Paragraph (l) of the same section addresses Canadian treaty traders and investors directly.

In practice this means:

• No port-of-entry E-2. Unlike the TN professional category, you cannot simply present E-2 documents at the border and ask for E-2 admission without a visa.
• Consular route. You apply for an E-2 visa at a U.S. consulate, then use it to enter.
• USCIS route. If you are already in the U.S. in a valid status, your company can file Form I-129 for a change to E-2 status. The approval lets you stay and work in E-2 status, but to re-enter after travel abroad you will generally need the E-2 visa.
• Family members. A spouse and children seeking E-2 derivative status also need visas or USCIS approval.

Procedures at specific posts and ports change, so confirm the current process with your attorney and the U.S. Mission in Canada before you plan travel.

How many Canadians use the E-2?

Nationality	E-2 visas issued, FY2024
Japan	15,521
Korea (South)	6,778
Canada	6,747
Mexico	1,514

North America as a region received 8,507 E-2 visas in FY2024, and Canada accounted for most of them. The figures include investors, E-2 employees and family members.

Where do Canadians apply for the E-2?

E visa processing in Canada is centralized rather than offered at every post, and first-time investor and company cases have historically been handled by the U.S. Consulate General in Toronto. Check the U.S. Embassy and Consulates in Canada website for the current designated posts, submission format and interview scheduling.

Since September 6, 2025, nonimmigrant visa applicants generally must apply in their country of nationality or legal residence. For Canadians living in Canada that is straightforward. A Canadian living legally in another country may apply there. Expect an in-person interview.

The basic steps:

1. Form DS-160 for each applicant (the principal investor answers the E-specific questions inside it).
2. The $315 MRV fee per applicant, plus any reciprocity fee listed for Canada.
3. A tabbed and indexed E-2 package: proof of citizenship, ownership documents, investment and source-of-funds evidence, and the business plan.
4. The interview, then visa issuance if approved.

Our E-2 application process guide covers each step, and E-2 processing time explains what drives the wait.

Visa validity and length of stay

The reciprocity table on travel.state.gov sets how long an E-2 visa issued to a Canadian is valid and how many entries it allows. Check the Canada entry when you apply. Separately, each admission on an E-2 visa gives up to two years in the U.S., and each new entry generally starts a new two-year admission. Status extensions inside the U.S. are filed with USCIS on Form I-129 in up to two-year increments, with no cap on the number of extensions while the business qualifies.

Common Canadian E-2 scenarios

In our experience, Canadian investors fall into a few recurring patterns:

Buying an established U.S. business. Service companies, franchises and small manufacturers in Florida, Texas and Arizona are frequent targets. An acquisition with revenue and staff answers the marginality question from day one. Our guide to buying a business for the E-2 explains due diligence and escrow structures.

Expanding a Canadian company. A Canadian owner opening a U.S. subsidiary can compare the E-2 with the L-1A. The E-2 needs at least 50% Canadian ownership and no prior employment abroad. The L-1A needs a year of employment with the Canadian company and allows dual intent toward a green card. See E-2 vs L-1.

Franchise start-ups. Home services, senior care, education and fitness franchises are popular. See E-2 franchises.

Winter residents. Canadians who already spend winters in the Sun Belt sometimes want to stay year-round by running a business. The business must be real and non-marginal, and you must direct it actively.

What does a strong Canadian E-2 case look like?

Because Canadians face no special treaty conditions, the case rises or falls on the same evidence as any other. In our experience, the strongest Canadian files share a few traits:

• Money already spent or in escrow. Leases signed, equipment bought, franchise fees paid, or an acquisition closing held in escrow pending the visa. Funds that are only promised do not count.
• A clear cost picture. A breakdown of the total cost to buy or open the business, so the officer can measure your investment against it.
• A credible hiring plan. A business that will employ U.S. workers answers the marginality test more convincingly than a one-person operation.
• A clean funds trail. Bank records from Canadian accounts through any brokerage or currency conversion to the U.S. business account.
• Your role. Evidence that you own at least 50% or control the company and will direct it, not just fund it.

Family members

A spouse and unmarried children under 21 receive E-2 derivative status regardless of their nationality. The spouse is authorized to work incident to status, shown by class E-2S on the I-94. Children (E-2Y) can attend school but cannot work, and need their own status before turning 21. See E-2 for spouses and children.

Tax, health and practical notes

• Moving to the U.S. on an E-2 generally makes you a U.S. tax resident, and leaving Canada can trigger Canadian departure rules on certain assets. Work with a cross-border tax adviser before you move.
• Registered Canadian accounts, such as RRSPs and TFSAs, are treated differently under U.S. tax rules. Get advice before using them as an investment source.
• Provincial health coverage generally ends after an extended absence. Budget for U.S. health insurance from day one.
• Funds from Canadian sources are documented the same way as any other: show the path from origin to the U.S. business account. See E-2 source of funds.

Next steps

For Canadians, the logistics are simple and the outcome depends almost entirely on the business and the investment evidence. Run your plan through our E-2 eligibility checker, then talk to our team about an acquisition or start-up. We build the business and the business plan and coordinate with your independent immigration attorney, who files the visa case.