Why Is The E-2 Still A Safe Bet For Canadians?

If you were to only pay attention to the news, you'd think no Canadians were currently looking to move to the US. We've got Trump and Carney in diplomatic fisticuffs and US Immigration and Customs Enforcement with boots on the ground in many major US cities.

So, why is the E-2 still a safe bet for Canadians? The E-2 visa (officially called the "E-2 Treaty Investor Nonimmigrant Visa") is a win-win: a great deal for the US, and a fantastic opportunity for investors looking to expand their enterprise internationally or who want to live in the US full-time or part-time.

Historically, the E-2 visa program has been one of the immigration programs least impacted with changes in administration. The E-2 Visa Program is not only one of the most popular entrepreneur visa programs in the US, but it is one of the most popular globally. Entrepreneurs, whether they are venturing into markets for the first time or are experienced veterans, and international companies alike are itching for post-pandemic flexibility, not only in work but in lifestyle.

Let's breakdown exactly why this program is a win for the US and still a safe bet for Canadians.

How is the E-2 visa program a win for the US?

Eligibility for the E-2 visa program requires that an individual or corporate investor from an E-2 treaty country (which includes Canada) make a substantial investment in a new or existing US enterprise, which creates or maintains employment for US workers and generates taxable revenue. US jobs and US tax revenue – a win that's good for the economy and even better for workers!

How is the E-2 visa program still a safe bet for Canadians (and other E-2 treaty investors)?

Whether the E-2 investor is an individual or a company from an E-2 treaty country, the E-2 visa program permits the investor and other individuals from the E-2 treaty country to obtain E-2 visas in indefinitely renewable five (5) year increments permitting intermittent or full-time employment with the E-2 enterprise in the US. Spouses of E-2 visa holders are eligible for E-2S spouse visas, which provides them open employment authorization in the US, while children of E-2 visa holders are also eligible until they hit twenty-one (21) for E-2Y visas, which give them the ability to go to school in the US. And here's another bonus! The E-2 visa is not a 'green card,' which may be advantageous for tax purposes.

So, who utilizes the E-2 visa program?

That is the best part! The E-2 visa program is incredibly flexible and is utilized by everyone, from snowbirds to Fortune 500 companies, to accomplish objectives equally as wide-ranging. Where some US nonimmigrant visa programs are limited in overall duration, prohibit self-petitioning, or require that each Applicant have prior employment for a related entity outside the US, the E-2 visa program doesn't have these same restraints.

Here are just a few examples of how Moodys Private Client has utilized the E-2 visa program to help our clients:

• Snowbirds Looking to Stay Warm – our firm works daily with snowbirds who are looking to spend more time in the US – especially in sunny places like Florida or Hawaii, where the beaches are beautiful, and the weather is great year-round. Many of our snowbird clients have already invested in active small businesses in the US, using that investment to obtain E-2 visas.
• Oil & Gas Services Companies Looking for New Markets – with some of the extreme challenges many oil & gas services companies have faced in Canada, we frequently help these companies utilize the E-2 visa program to expand into the US market and ensure that their key Canadian personnel are able to work in the US, both to manage operations and to transfer essential and specialized knowledge to US workers.
• Entrepreneurs Looking to Make Their Mark in a Big Market – whether for a first-time entrepreneur or for those who live and breathe entrepreneurial endeavours, the E-2 visa program is often a great fit. With proper corporate structuring, the E-2 visa program can set up the E-2 investor for the next big opportunity and the ones that follow.

Moodys Tax Law is only about tax. It is not an add-on service, it is our singular focus. Our Canadian and US lawyers and Chartered Accountants work together to develop effective tax strategies that get results, for individuals and corporate clients with interests in Canada, the US or both. Our strengths lie in Canadian and US cross-border tax advisory services, estateplanning, and tax litigation/dispute resolution. We identify areas of risk and opportunity, and create plans that yield the right balance of protection, optimization and compliance for each of our clients' special circumstances.

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