Skip to content
FORT SASKATCHEWAN · A protective veto and operational control can serve different purposes

Read a minority buyer’s operating rights before relying on an E-2 plan

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

A hypothetical Fort Saskatchewan buyer should identify what a minority share actually permits them to do. A contract can protect an investment without giving the buyer the management authority relied upon for E-2 development and direction.

01

Separate enterprise nationality from personal authority

E-2 requires the relevant treaty nationality and a qualifying enterprise, generally based on at least 50% treaty-country ownership. This is different from the applicant’s own control. Development and direction may be established through at least 50% ownership or operational control through a managerial position or another corporate device. Read the complete executed arrangement rather than using one percentage to answer both questions.

02

Identify decisions the investor actually controls

Explain operating authority, management appointments and relevant decision procedures. Do not equate every veto over exceptional events with control of ordinary business operations. Preserve the agreement and actual role evidence, and distinguish terms already effective from amendments the other owners merely intend to sign.

03

Retain the capital and business requirements

The investment must be lawful, substantial relative to the enterprise and committed at risk to a real nonmarginal commercial business; there is no universal minimum amount. Review the applicable more-than-minimal-living or significant-economic-contribution standard. Funds secured by the enterprise’s assets do not qualify as investor capital on that basis. The applicant’s intent to depart when E status ends and the appropriate process remain necessary before U.S. work. Projected capacity should generally be realized within five years of beginning normal business activity. Borrowing secured only by personal assets, or unsecured personal borrowing, may qualify under the other investment conditions; debt secured by enterprise assets is excluded even when personal assets also secure it.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

A CONVERSATION IS A GOOD PLACE TO START.

WHAT’S YOUR
NEXT CHAPTER?

Tell us where you are today.
Let’s talk about where you want to go.

Book a free consultation Or call +1 587 415 4606