Apply the nonmarginality standard
Assess the enterprise’s present or future capacity to provide more than a minimal living for the investor and family, or to make a significant economic contribution. The projected future capacity should generally be achievable within five years after normal business activity begins. Explain what supports that forecast; E-2 does not impose EB-5’s ten-job rule. Use an operating model that ties revenue assumptions to capacity, price, delivery costs, and staffing. Label signed customer commitments separately from leads. This lets the reader test the forecast without disguising a household need as an enterprise result.
Support the growth assumptions
Explain customers, pricing, expenses, staffing and the resources needed for expansion. Distinguish signed commitments from prospects. The plan should describe the actual business rather than insert unsupported growth solely to meet an immigration concern. Trace who owns the enterprise and who actually directs it. Corporate records, voting rights, operating agreements, and role evidence should tell the same story. A nominal ownership percentage or an informal promise of control leaves a material question unanswered.
Complete the investor requirements
The enterprise generally needs at least 50% ownership by nationals of the relevant treaty country. The investor must develop and direct it through at least 50% ownership or other qualifying operational control. Establish lawful source and path and substantial capital genuinely committed at risk; there is no universal E-2 minimum. The investor must intend to depart when E status ends, and Canadians generally require an E visa. Sequence commitments so that the file can show source, transfer, commitment, and business use. Reassess a plan when a lease, supplier agreement, financing term, or customer assumption changes. A submitted application does not permit work before the appropriate status or visa is in place.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.