Read the general investor planning overview
Hypothetical example: Anneke exports compressed hay from Lethbridge County and wants to establish a pressing and container-loading facility in the United States as a new enterprise, with herself as the E-2 investor. There is no seller and no existing business, so the question is not what to buy but in what order to spend, so that by the time she applies the funds are irrevocably committed, substantial relative to the total cost of the project, and put into a real enterprise that will employ people rather than a plan on paper.
Start with the total cost of the project, because substantiality is measured against it
For a start-up, substantiality compares the amount invested with the total cost of establishing the enterprise to the point where it can operate. Anneke should build that figure first: the lease or purchase of a yard, the hay press and baler equipment, container-handling machinery, scales, a small office, initial payroll and working capital for the first months. That budget becomes the denominator. The investment must be a high proportion of it, and a lower-cost business requires a higher proportion. The funds must be her own, from a documented lawful source such as retained earnings of her Canadian exporter distributed to her, or personal savings, and every transfer must be traceable. Money still sitting in her Canadian account on application day counts for nothing.
Commit in an order that shows the enterprise is real before the visa issues
A workable sequence is to form the U.S. entity, open its bank account and capitalize it from her traced funds; sign the yard lease, with the landlord's agreement that it takes effect on visa issuance or that the deposit is forfeited if she withdraws; place equipment orders with deposits that are non-refundable or held in escrow pending the visa; contract a utilities connection and any permits; and hire or extend written offers to a yard foreman and loader operator to start on a date after admission. Each of those commitments is at risk in the sense the rule requires, and together they show that the enterprise exists as more than an idea. Purchase agreements conditioned on visa approval are acceptable when the funds cannot otherwise be recovered.
Prove non-marginality and direction, and set expectations about what E-2 is
A new enterprise must show it will do more than earn Anneke a living, which usually means a credible five-year projection with staff hires, supported by supply contracts with Alberta growers and sales contracts or letters of intent with buyers. She must develop and direct the enterprise, so she should own it outright or hold a controlling position, and the U.S. entity must be at least half Canadian-owned. She applies at a U.S. consulate with the full package; her spouse, if accompanying, is employment-authorized incident to E-2 derivative status, and children under 21 may study but not work. E-2 renews while the business operates and offers no direct path to permanent residence. Consular application fees are the only government cost; equipment deposits and professional fees are not investment in themselves, though the deposits are part of the committed capital.
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.