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SAINT-MATHIEU · E-2 FIELD GUIDE

Does a business running on a licensed platform count as a real operating enterprise?

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THE DIRECT ANSWER

It can. What matters is that the enterprise is active and commercial, producing goods or services, with substantial capital genuinely committed and at risk, and prospects beyond minimal support for the family. A licensed platform is a tool the business uses; the enterprise is judged on its own operations.

Explain the commercial activity supported by the licence

Describe the actual service, customer obligations, revenue model and resources supporting delivery. A lawful software-resale business is not disqualified merely because it resells access; it must still meet the E-2 business, investment, nationality and develop-and-direct requirements. Explain dependence on the platform and a realistic disruption response without pretending that changing vendors is always feasible.

The enterprise has treaty nationality if treaty nationals own at least fifty percent, so a Canadian holding exactly half meets that threshold. Owning every production machine is not an E-2 condition, but the applicant must show a genuine operating enterprise rather than borrow the contract manufacturer’s assets or employees. The enterprise must be active and non-marginal, possess qualifying treaty ownership, and be developed and directed by the investor through 50 percent ownership or operational control. A business that barely covers its own costs and supports the family only if the investor takes no salary is closer to marginal, and the five-year projection then has to carry the case.