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SAINTE-ANNE-DES-PLAINES · E-2 FIELD GUIDE

Does moving the project to another state mean rebuilding the E-2 case?

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THE DIRECT ANSWER

Not from zero, but the file must describe the enterprise that now exists. Treaty nationality, at-risk capital, a real operating enterprise, non-marginality and genuine development and direction are re-tested against the new location. Evidence tied only to the abandoned state supports history, not the current investment.

Decide which elements genuinely changed

Nationality does not change with a state: E-2 depends on citizenship of a treaty country, and Canada is one, not on where the applicant lives in Canada or where the business sits inside the United States. What does change is the enterprise-specific proof — premises, licences, market, staffing and budget. Sort the file into elements that carry over and elements that must be produced again for the new site.

The enterprise must be at least half owned by treaty nationals, and where two Canadian spouses own everything, that is met. The enterprise must also be active and nonmarginal, have qualifying treaty ownership, and be developed and directed through at least 50 percent ownership or operational control. The purchase can still work, but the evidence has to show the enterprise trading again, with the investor's capital irrevocably committed and at risk in doing so.

Substantiality is measured relative to the cost of the particular business, so a figure means little until a target exists.