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CHESTERMERE · INVESTOR DECISION RIGHTS

Test the control clauses before counting a share purchase as an E-2 plan

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general investor planning overview

THE SHORT ANSWER

Compare the proposed investor’s authority with the agreements that govern the enterprise. A share percentage, payment and operating title can point to different facts. E-2 review needs the qualifying nationality, investment and ability to develop and direct the business, alongside the enterprise requirements.

01

Work through a disputed budget

Hypothetical example: a Chestermere co-investor wants to hire staff, but another owner objects. Identify which clause resolves the disagreement and who has the effective authority. Repeat the exercise for appointing management or changing the business direction. This exposes questions a simple ownership chart may leave unanswered.

02

Connect the rights to the funding

Identify who supplies each contribution and what repayment, security or ownership terms apply. Keep the applicant’s lawful source and path of funds traceable. Personal unsecured loans and loans secured by the investor’s own non-enterprise assets may count. Debt secured by enterprise assets does not count, even with personal collateral added. Another partner’s contribution should not automatically be presented as the applicant’s investment. Bring the actual agreements for review.

03

Describe the operation after closing

Explain the applicant’s day-to-day involvement, the work of others and the resources supporting the enterprise. Assess substantiality and non-marginality using the proposed business rather than an isolated price. Coordinate immigration and transaction advice before commitments become binding; a commercially negotiated control arrangement still needs its own eligibility assessment. The investment must be substantial relative to the business, committed and at risk. At least 50% treaty-national ownership must establish enterprise nationality, with at least 50% ownership or other qualifying operational control supporting the investor’s development and direction. Nonmarginality means capacity beyond a minimal family living or a significant economic contribution, with future capacity generally realizable within five years. The investor must intend to depart when E status ends; Canadian citizens generally require an E visa.

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