No. A sublicence establishes rights, not an enterprise. The reviewer looks for treaty nationality, at least fifty percent treaty ownership, substantial capital genuinely committed and at risk, a real operating commercial business, and non-marginality. A brand right can be part of that picture, but it cannot carry the case on its own.
Show the enterprise, not just the mark
Describe the United States operation in ordinary terms: where it trades, who serves customers, what it sells, and how the brand is used day to day. If launch is pending, show binding commitments — a signed lease, ordered inventory, hired staff — rather than intentions. Note also that treaty nationality follows citizenship, so Canadian residence alone does not establish it for a non-citizen investor.
The enterprise generally must be at least 50% owned by nationals of the relevant treaty country. The E-2 rules require the investor's funds to be irrevocably committed to the enterprise and subject to loss if it fails. The investor must develop and direct the enterprise, ordinarily by owning no less than half or possessing operational control. Assess each applicant and the enterprise under the actual nationality, investment and development-and-direction requirements.
A lease can create a longer financial exposure than a purchase, because the obligation continues whether or not the business succeeds.