IN THIS GUIDE · Two investors contribute unequal capital but split control
Start with the E-2 eligibility and application overview
Map ownership before drafting the split
Treaty eligibility follows citizenship, not where a person lives. Canada is a treaty country, so a Canadian citizen living in Boisbriand may qualify on nationality, while a co-owner holding another citizenship may not. At least 50 percent of the enterprise must be owned by nationals of the treaty country, so record each owner's citizenship and exact percentage before the ownership agreement is signed.
Distinguish capital contributed from control exercised
Unequal contributions and equal voting rights can coexist, subject to review of the actual arrangement; they answer different questions. Substantial capital is measured against the enterprise, while develop and direct is measured against the individual applicant's rights. A partner contributing forty percent of the funds may still direct the business through a documented managerial role or control device; equal ownership needs review under the whole governance arrangement rather than a universal assumption that a tie-breaker is required.
Trace each contributor's funds separately
Each contributor's money is traced on its own. Show the lawful original source of the funds and the path they travelled into the enterprise; an account balance by itself does not establish either. If one partner borrowed, the collateral matters — a loan secured by the investor's personal assets is treated differently from one secured only by the business. Keep the two contribution files separate and complete. Hypothetical example: a Canadian investor plans a Braille-embossing business and pays a supplier deposit that is refunded if financing is not obtained. The first decision is whether to change the agreement, fund it, or describe the sum as still contingent. A receipt and a bank transfer establish movement; the signed terms determine whether the money is exposed to the enterprise’s outcome.
Test the enterprise itself, not just the split
The split does not rescue a weak enterprise. The U.S. business must be real and operating, or credibly ready to launch on committed arrangements, with capital irrevocably committed and at risk. Non-marginality can rest on present or future capacity to generate more than a minimal living for the investor's family, or on a significant economic contribution. There is no fixed minimum dollar figure and no ten-job rule. Sequence the ownership and investment decisions before the operating plan is final. The reviewer needs one coherent account of ownership, control, committed expenditure, and the enterprise’s capacity beyond household support; a forecast cannot repair terms that leave the funds retrievable.
Assess the operating enterprise after debt service
Funds paid into an escrow that releases to the seller when the visa is issued and returns to the buyer if it is refused can qualify, because the commitment is irrevocable on the investor's side. Ask both whether the enterprise will be real and operating by the interview date: a signed yard lease, purchased equipment, a state contractor’s registration and a first customer contract answer marginality better than projections.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.