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DELSON · PLAN THE NEXT STEP

Canadian business ownership does not determine the owner’s U.S. visa category

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general eligibility basics overview

THE SHORT ANSWER

A Delson permanent resident may own and manage a Canadian company while holding another country’s citizenship. Keep ownership, nationality and employment history separate when identifying a U.S. pathway. Start with a person-and-company matrix: list each person’s citizenship, residence document, ownership percentage, current employer and proposed U.S. role. A first review uses that matrix to identify the route that is legally available before anyone prepares a business narrative. Hypothetical example: A Japanese citizen who is a Canadian permanent resident owns a Canadian company that refurbishes industrial weighing scales and proposes a U.S. service company. The decision is not whether the Canadian company is real; it is whether the selected route can be supported by that person’s citizenship, ownership and documented prior employment. The passport, capitalization table, payroll record and corporate documents settle different points. Sequence the work by confirming nationality first, mapping any ownership change next and checking the actual employment history last. A permanent-resident card should not be used as a nationality document.

01

Start with the person’s actual citizenship

Canadian incorporation and permanent residence do not confer Canadian citizenship. TN requires the principal to be Canadian or Mexican. Do not describe a company’s Canadian registration as a personal nationality document. Obtain the passport evidence early. A citizenship application, renewal or permanent-residence record may explain circumstances, but it does not replace proof of present citizenship.

02

Assess the company facts where they matter

An L assessment needs the qualifying company relationship, foreign employment and U.S. role, with continuing business in the United States and abroad. E-2 requires treaty nationality, qualifying ownership and a substantial lawful at-risk investment in a real nonmarginal enterprise the principal will develop and direct. Trace the ownership immediately before the intended filing or application. A future share transfer may change the analysis, but an unsigned intention does not establish present control.

03

Document authority without assuming it is enough

Ownership records can establish an interest or control while leaving other conditions unresolved. For an L owner or major stockholder, additional evidence of temporary U.S. services and a later foreign assignment requires assessment. Owning the business is neither a universal visa entitlement nor an automatic bar. Keep payroll, tax and corporate records in their separate roles. A director title or share certificate does not prove the required employment facts by itself.

SOURCE NOTES

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

DELSON · ELIGIBILITY BASICS

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