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Hypothetical example: a Springwater family already operates an American millwork company under a treaty investment and now wants to bring over its long-serving production supervisor. Employees of a treaty enterprise can be considered under the same classification, but not simply because the business qualifies. The employee must hold the same treaty nationality as the enterprise, and must be coming to fill a role that is executive or supervisory in character, or one requiring special qualifications essential to the operation. Hypothetical example: Sabine, a Canadian citizen, wants to acquire a U.S. company that services commercial solar-inverter systems. Her concrete decision is whether to sign the asset purchase now, with carefully negotiated protection, or wait with only uncommitted savings. The route requires a real, operating enterprise and capital that is committed and exposed to commercial risk, so the safer question is which commitments both create evidence and sensibly allocate the risk of a refusal.
The employee's own nationality is the first gate
The enterprise's treaty nationality is established through its ownership by nationals of the treaty country, and an employee coming under the same classification must share that nationality. A long-serving supervisor who is a permanent resident of Canada but a citizen of another country therefore does not qualify on this basis, however valuable they are to the business. That is a fact to check at the very beginning of the conversation, because it decides whether there is anything further to discuss, and because it is easy to overlook when everyone involved has worked together in Canada for years. For an employee case, begin with the enterprise's treaty nationality and then the worker's matching nationality, role and qualifications. A job offer alone does not answer those questions, and the business file should be current enough to show it remains active and nonmarginal.
The role has to be executive, supervisory or essential
Beyond nationality, the position must be one of an executive or supervisory character, or must require special qualifications that make the person's services essential to the efficient operation of the enterprise. Essential is not a synonym for experienced. The argument usually rests on specific knowledge of the enterprise's own processes, equipment or methods, on how hard it would be to source that in the American labour market, and on how long it would take to train a replacement. A supervisor's letter describing years of loyal service is not the same as a description of why the role is essential. For an investor case, a source-and-path schedule should accompany the business budget. It should show not only that money exists, but how it arose lawfully, entered the applicant's control and became committed to the enterprise.
The enterprise's own position must still hold
None of this works if the underlying investment has drifted from what was originally established. The enterprise must remain real, active and operating and not marginal, the ownership must still carry the treaty nationality, and the investor's capital must remain committed and at risk. Before adding an employee, it is worth reviewing whether the business as it now operates still matches the description on which it was approved. Ownership changes, new investors and a shift in what the business actually does are all ordinary commercial events that can affect the position. A short annual review of whether the business still matches its original description is far cheaper than reconstructing that story under pressure. The decision point is whether the applicant can demonstrate development and direction. If the commercial plan leaves all meaningful authority with another person, revise the business structure before filing rather than trying to explain passive ownership as active control.
What else is on your mind?
Is there one minimum investment that guarantees E-2 eligibility?Is holding money or owning an asset enough for E-2?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.