The E-2 visa interview in Toronto: a guide for Canadian investors

Key takeaways

• Canadian E-2 applications are handled by the U.S. Consulate General in Toronto.
• You must be a Canadian citizen. Canadian permanent residents need a treaty nationality of their own.
• Prepare a complete investment package before the interview; the officer reviews it in advance.
• Spouses and children under 21 can apply as dependents, and E-2 spouses are authorized to work.
• Canadians can also file a change of status from inside the U.S., but still need the visa from Toronto to travel.
• Many Canadians compare E-2 with TN; they solve different problems.

Why Toronto?

The U.S. Mission to Canada handles E visa applications for Canada at the Consulate General in Toronto, wherever in Canada the applicant lives. Check the consulate's current instructions before submitting, because procedures and wait times change.

What goes in the E-2 package?

• Proof of Canadian citizenship for the investor, and proof that the business is at least 50% Canadian-owned.
• Evidence that the investment is made or irrevocably committed, such as wire records, escrow and the purchase agreement.
• A clear source-of-funds trail showing how you earned the money.
• A business plan showing the business will be more than marginal and create jobs or income beyond supporting your family.
• Corporate documents, lease, licences, and evidence the business is real and operating or ready to operate.
• The DS-160 form and fee payment confirmation.

What does the officer ask?

Interviews are usually short. Expect questions about the business, your role, the amount and source of your investment, your plans for hiring, and your experience. The best preparation is knowing your own numbers and being able to explain the plan in plain terms.

Can my family come?

Yes. Your spouse and unmarried children under 21 can get E-2 dependent visas, regardless of their own nationality. E-2 spouses are employment-authorized, and children can attend school. Children turning 21 lose dependent status, so plan early.

E-2 or TN for Canadians?

TN is for employees in listed professions working for a U.S. employer. E-2 is for Canadians who own and direct a U.S. business. Many Canadians who start on TN later move to E-2 when they buy or open a business.

What happens after approval?

You present the visa at the border and are admitted, generally for up to two years at a time. The visa can be renewed in Toronto as long as the business keeps qualifying. Snowbirds and cross-border owners should understand how E-2 status interacts with time spent in Canada.

How Jessica can help

E-2 treaty investor cases are Jessica's main focus, and she has practiced U.S. immigration law since 1998 at Weiss & Moy, P.C. She works with investors and professionals from Arizona and Florida offices and with clients across the United States. Book a free intro call to see whether she can help with your situation.

This article provides general information and is not legal advice. Every case depends on its facts.