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CONTRECOEUR · E-2 FIELD GUIDE

Do two leases change what an E-2 case must establish?

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THE DIRECT ANSWER

No. The elements stay the same: treaty nationality by citizenship, at least fifty percent treaty ownership of the enterprise, capital that is substantial relative to this business and genuinely at risk, a real active commercial enterprise, non-marginality, and the ability to develop and direct. The second lease changes the evidence, not the test.

Show both sites as one enterprise

Present the business as a single operating whole with two addresses rather than two ventures. State what each location produces or sells, how they share staff and management, and how the combined obligations appear in the capital figure. If one site is not yet fitted out, say so and show the signed commitments and payment schedule behind it.

Also confirm that ownership by citizenship, not Canadian residence, is what establishes treaty nationality. Present the two sites in the order the money was committed, so the reader follows how the enterprise reached its present shape instead of reconstructing it from two lease abstracts. Where a second site was added later, the reason for adding it forms part of the operating picture and is generally more persuasive than the floor area.

The test itself does not move: treaty nationality by citizenship, the ownership proportion, capital substantial relative to this business and genuinely at risk, a real active enterprise, non-marginality, and the ability to develop and direct.