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SELKIRK · E-2 FIELD GUIDE

Does a business's local reputation help establish E-2 eligibility?

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THE DIRECT ANSWER

No. Reputation is not a substitute for documented ownership, financial records, and the nationality and funding evidence the category requires; all of these need their own verification regardless of how well known the business is.

Separate reputation from documentation

Request the same formation, ownership, and financial records that would be required for an unfamiliar business, and confirm the investor's treaty nationality and lawful source of funds independently of any local endorsement.

The investors must have the ability to develop and direct the business, which is ordinarily shown by majority ownership or by operational control through a managerial position and corporate devices. The employee must have the nationality of the treaty country, which for a Canadian-owned American enterprise means Canadian citizenship, and permanent residence in Canada does not satisfy it whatever the person's length of residence. Ask how the actual commitment will be assessed rather than adopting a figure used in an unrelated application, since a larger payment does not repair an unresolved nationality or operating-business problem. What is assessed is whether the enterprise has the present or future capacity to provide more than a minimal living for the investor and family, and a list of planned positions alone does not establish that capacity.