It can, provided the reviewer sees the conditional structure. E-2 requires a real operating enterprise, substantial capital genuinely committed and at risk, qualifying treaty nationality and at least 50% treaty ownership, and an investor who will genuinely develop and direct. An unresolved consent affects how convincingly those elements are shown.
Separate the deal risk from the eligibility risk
A refused consent may collapse the transaction, which is a commercial problem. The immigration question is narrower: on the arrangement as written today, is the capital irrevocably devoted to the enterprise, and does the enterprise exist beyond an idea? Answer both in writing before choosing a filing date. If the answer depends on a clause nobody has read closely, read it first. E-2 is a nonimmigrant category, so intent to depart when status ends stays relevant.
Collect the instruments that show control: the operating agreement or shareholder register, banking authority, and the approvals the investor personally signs. The test is whether the enterprise can produce more than a minimal living for the investor's family, or a significant contribution such as U.S. jobs, now or within five years, and a profitable summer business can meet it.
Canada is a treaty country, and the enterprise must be at least fifty per cent owned by nationals of that treaty country.