IN THIS GUIDE · An investor changes the US destination state after committing funds
Start with the E-2 eligibility and application overview
Rebuild the record around the new state
List every agreement signed for the original state and decide, with counsel, which ones are cancelled, assigned, amended or still binding. A lease, franchise agreement or purchase contract tied to the abandoned location may create obligations that conflict with the new plan. E-2 review looks at the enterprise the investor will actually develop and direct, so the file should present the current documents rather than a folder of superseded drafts. Hypothetical example: a bicycle-fitting workshop relocates after its first lease falls through, while a supplier has retained a non-refundable tooling deposit. The decision is whether the replacement premises and amended commitments still describe one viable operating enterprise.
Trace capital through the change of plan
Money that left a Canadian account for the first state and then moved again needs an unbroken trail. Show the lawful original source and the full path: transfers, escrow entries, refunds, and the new payments. A closing balance in a U.S. business account does not establish lawful source and commitment on its own. Where a deposit was forfeited or partly recovered, document the amount, the reason, and how it is treated in the current investment. Match each bank movement to a source document and an underlying obligation, including returns from escrow. The question is not merely where the balance sits, but whether the investment was lawfully obtained and exposed to genuine commercial loss.
Show readiness at the new premises
Readiness is judged on what the enterprise can now do at its actual U.S. location. Signed premises, permits applied for, equipment ordered or installed, staffing plans and supplier commitments can all support a prelaunch case; first sales are not required in every situation. Equipment does not have to be in production before filing, but a credible link between the committed funds and the new operating plan matters. The investor must direct and develop the enterprise, not lend funds into a passive arrangement. Confirm which permits, contracts, and operations are actually ready, and label remaining contingencies instead of presenting them as completed steps.
Re-test the numbers for the new market
Check which assumptions in the original projections remain supportable after the move. Rent, wages, licensing and demand differ, so recalculate whether the enterprise can generate more than a minimal living for the investor and family, or make a significant economic contribution. There is no fixed job count and no universal minimum investment. Explain the assumptions behind the revised figures and keep them consistent with the contracts now in force. The enterprise cannot be marginal; projections should explain how the business supports more than the investor’s household over time or makes a meaningful economic contribution. A revised forecast needs inputs that can be traced to the new location.
Test the fifty percent treaty ownership line
Canada is a treaty country, and the enterprise must be at least fifty per cent owned by nationals of that treaty country.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.