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MAPLE HILLS · E-2 FIELD GUIDE

Can development rights be described as several operating E-2 businesses?

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THE DIRECT ANSWER

Only the actual operations should be described as established. Rights to open later locations are different facts.

Identify the enterprise being assessed

List what exists now and which locations remain proposals. Avoid using future units to make the current operation appear larger than the evidence supports.

The enterprise must be real and operating, producing goods or services, and it must be more than marginal, meaning capable of generating more than a minimal living for the investor and family, judged over roughly five years. E-2 requires treaty nationality for the applicant and qualifying enterprise ownership, an irrevocably committed and substantial investment exposed to loss, a real operating business that is not marginal, and authority to develop and direct through at least 50 percent ownership or operational control. Investor and enterprise must share treaty nationality—Canadian citizenship rather than Canadian permanent residence for that claim—with at least 50% treaty-national ownership, while the investor ordinarily establishes development and direction through at least 50% ownership, operational control, or other means. Veto rights held by a minority, a management contract handing daily operations to an outside firm, or a class of shares carrying no vote can all leave a majority holder unable to direct anything. A store with signed supplier agreements, live sales channels, working capital spent and an owner directing operations can be described in those terms; a domain name and a bank balance alone cannot.