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PORT COLBORNE · INVESTMENT TERMS

Test the actual business commitment before calling any funds an E-2 investment

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

A funding balance sitting in an account, a loan pre-approval, and a signed purchase agreement can describe very different stages of the same transaction. Map the actual proposed commitment and its conditions before concluding what the E-2 record establishes, since the investment and the operating enterprise must be assessed together, with nationality and control kept clearly in view throughout.

01

Ask precisely what happens if a condition fails

Hypothetical example: a St. Catharines buyer's purchase agreement depends on both an immigration outcome and a separate financing contingency. Read every trigger for payment, release, or cancellation in the actual documents. A qualifying escrow arrangement can be relevant, but its label alone does not answer whether the real terms meet the requirement; coordinate transaction and immigration review before making any funds irreversible.

02

Trace the source and identify what actually secures any loan

Show precisely where the funds originate and how they would reach the enterprise. For borrowed money, identify the borrower and any collateral rather than treating every loan the same way, since personal unsecured borrowing and borrowing secured by enterprise assets are treated differently. Keep a proposed drawdown separate from money that has actually been transferred, and mark any missing record rather than smoothing over gaps in the funding history.

03

Explain the enterprise itself, not just its price

Describe what customers will actually buy, who will provide it, and how the applicant will develop and direct the operation day to day. Substantiality is judged relative to the specific business, and non-marginality is a separate requirement that a supported forecast can help explain but cannot guarantee. Do not treat another applicant's investment figure as a substitute for reviewing this particular enterprise on its own facts. Enterprise nationality generally requires at least 50% ownership by nationals of the relevant treaty country. The investor must develop and direct the business through at least 50% ownership or other qualifying operational control. Nonmarginality can rest on capacity beyond a minimal family living or a significant economic contribution; future capacity generally must be realized within five years of normal business activity. Personally unsecured borrowing or borrowing secured solely by non-enterprise personal assets may count under its actual terms. Debt secured by enterprise assets is excluded even when personal assets also secure it. The capital must be substantial, lawfully sourced, genuinely committed and at risk; there is no universal minimum investment figure. Intent to depart when E status ends remains necessary, and Canadians generally require an E visa.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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