There is no universal E-2 ten-job requirement; assess the applicable nonmarginality and business conditions.
Use the right programme test
EB-5 has a distinct job-creation framework. For E-2, explain the real business capacity and economic contribution rather than inflate a staffing chart to match a different category.
Test nonmarginality with the enterprise's genuine capacity, not an imported headcount. The plan should show credible revenues, expenses, staffing phases and how the operation can provide more than a minimal living for the investor's family or make another significant economic contribution. E-2 has no universal ten-permanent-worker rule; ten full-time jobs belong to EB-5's different framework. The investor must hold treaty-country nationality, place substantial capital irrevocably at risk in a real operating business, and develop and direct it through at least fifty percent ownership or operational control. The enterprise's qualifying ownership nationality also matters, and Canadian permanent residence is not Canadian nationality. E-2 does not itself provide a direct green-card path.
Hypothetical example: A Bégin forestry-safety consultant proposes a US training company that begins with contractors and later hires instructors as contracts grow. She should support the staged plan with actual commitments, market evidence and operating costs rather than invent ten permanent positions. Her Canadian citizenship, ownership, committed funds and control can be assessed alongside the venture's realistic ability to become more than marginal.