IN THIS GUIDE · Buying an operating U.S. marina with proceeds from selling a Canadian business
Start with the E-2 eligibility and application overview
An escrow can keep funds committed without closing before the visa
E-2 requires that the investment be irrevocably committed, but the consular guidance recognizes that an investor should not be forced to complete a purchase before knowing whether the visa will issue. A purchase agreement that places the full price in escrow, with release to the seller conditioned solely on issuance of the E-2 visa, is treated as committed. An escrow that lets the buyer walk away for other reasons, or a mere deposit with the balance due later, is not. The agreement's conditions should be drafted with the visa rule in mind. Escrow language should say exactly when funds are released and what happens if the visa is refused. A refundable arrangement can be acceptable only where the applicant is otherwise bound to the commercial commitment.
Proceeds of a business sale are lawful, but the path must be traceable
The couple's money originates in the sale of their Canadian yard. The consulate will ask for the sale agreement, the closing statement, tax filings showing the gain was reported, and bank statements tracing the proceeds from the closing account to the escrow. If some proceeds paid off a mortgage and the balance was later topped up from savings, each stream has to be explained. A lawful source with a broken path — a transfer through an account with no statements, or a cash withdrawal and redeposit — draws questions that are slow to answer. The business forecast should link staffing, sales assumptions and operating costs to records from the existing enterprise or independently supportable market evidence. Unsupported optimism does not answer marginality.
Substantial and non-marginal are judged against the marina itself
There is no fixed minimum investment. Substantiality is proportional: the invested amount is compared with the total cost of buying that marina, and for a purchase of an established business the price paid normally is that cost, so a fully funded purchase is substantial. Marginality is different: the marina must be able to do more than support Renée and Marc. An operating business with slip rentals, fuel sales, storage and a service shop employing seasonal and year-round staff shows economic contribution beyond the owners' living, especially if the business plan projects continued hiring. Control can arise from majority ownership or a position with real operational authority. Side agreements that let another investor control hiring, spending or the business plan deserve close review.
Develop and direct means one of them must run it
The E-2 principal must be in a position to develop and direct the enterprise, ordinarily through at least fifty percent ownership or operational control. If Renée and Marc own the marina equally, one of them applies as the principal investor and the other can either be the E-2 spouse, who is employment-authorized incident to status, or a second principal if the ownership and control facts support it. Keeping the seller on as a paid manager is fine, but the plan must show the applicants, not the seller, directing the business. E-2 status is temporary and has no direct immigrant route. Renewal planning should keep annual records of continuing ownership, operations and the investor’s direction of the enterprise.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.