Canadian business owners have more direct paths into the U.S. than entrepreneurs from almost any other country; a byproduct of USMCA and a long-standing treaty relationship. Depending on your goals, the right route might be a TN visa for a specific role, an E-2 treaty investor visa to run your own enterprise, or an L-1 to transfer yourself or staff from an existing Canadian company. This FAQ walks through the main questions we hear from Canadian founders and executives about expanding into the U.S., the visa categories most relevant to business owners, work authorization, and what it means for spouses and children.
Why Canadian Business Owners Choose Berardi
Berardi Immigration Law has guided a high volume of Canadian entrepreneurs, investors, and executives through successful U.S. business immigration, and our track record with this specific client base is one of the deepest in the field. Buffalo’s position on the Canadian border has put us at the center of cross-border business immigration for decades, and that concentration of experience shows up in outcomes: well-prepared E-2, L-1, and TN petitions for Canadian-owned businesses, structured the right way from the start. We know the questions officers ask about Canadian companies, the documentation that gets petitions approved without delay, and the details that trip up owners who try to navigate this without experienced counsel. If you’re a Canadian business owner weighing your options, you’re working with a firm that has done this successfully, repeatedly, for clients just like you.
Business Expansion
Q: We’re a Canadian company opening a U.S. office. What visa lets us send an owner or manager there to set it up?
The L-1 intracompany transferee visa is usually the best fit. It allows an executive, manager, or employee with specialized knowledge to transfer from a Canadian parent, subsidiary, branch, or affiliate to a related U.S. entity. If you’re opening a brand-new U.S. office, there’s a specific “new office” L-1 category, though it comes with extra scrutiny around your business plan, funding, and physical space, and is initially granted for a shorter period.
Q: Do we need to already have a U.S. entity before applying?
Not necessarily. You can form the U.S. entity and apply for L-1 status around the same time, provided you can show the qualifying relationship between the Canadian and U.S. companies (parent, subsidiary, branch, or affiliate) and a credible plan for the U.S. operation.
Q: Is there a faster or lighter-weight option for short trips to explore the U.S. market?
For preliminary activities like scouting locations, meeting with vendors, negotiating contracts, or attending trade shows, a B-1 business visitor entry may be sufficient, since Canadian citizens generally don’t need a visa in advance and can present themselves at the border. B-1 status does not permit actually working or being paid by a U.S. entity, so it’s a bridge, not a long-term solution.
Q: What if we just need to send an employee with a specific skill set, not an owner?
TN status under USMCA covers a defined list of professional occupations (accountants, engineers, management consultants, and others) and is often the quickest route for Canadian professionals filling a specific role at a U.S. company, including one you own. It’s employment-based rather than ownership-based, so it works best when the individual is functioning as staff, not as the controlling investor.
Investor Options
Q: What does the E-2 treaty investor visa actually let me do?
The E-2 visa lets you develop and direct a U.S. business you’ve invested a “substantial” amount into. It’s renewable indefinitely as long as the business remains active, which makes it a strong long-term option for Canadian owner-operators. It does not by itself lead to a green card, so if permanent residence is likely to be a goal down the road, that’s worth discussing early. See the Family Considerations section below for how status choice affects that.
Q: Is Canada eligible for the E-2 treaty investor visa?
Yes. Canada has held E-2 treaty status with the United States for decades, and Canadian nationals are among the most frequent users of this category.
Q: How much do I actually need to invest for an E-2?
There’s no fixed statutory minimum. USCIS and consular officers look at whether the investment is substantial relative to the total cost of the business and sufficient to ensure its successful operation. In practice, we typically see viable E-2 businesses starting in the low-to-mid six figures, though this varies significantly by industry.
Q: Can the investment come from a Canadian company rather than personal funds?
Yes, provided the individual applicant owns at least 50% of the Canadian enterprise (or the qualifying entity), and the funds are traceable to a legitimate source. Structuring this correctly is one of the more common pitfalls we help clients navigate.
Q: Does the E-2 require me to be physically present in the U.S. running the business day-to-day?
You need to be in a position to develop and direct the enterprise, which usually means active involvement, but E-2 status does not require year-round U.S. residence. Many Canadian E-2 owners travel between both countries. If you want to be primarily employed by and residing with the business in the U.S., your day-to-day role should reflect that.
Work Authorization
Q: Once I have E-2 or L-1 status, can I actually pay myself a salary from the U.S. business?
Yes. Both categories authorize you to work for the specific U.S. employer/enterprise tied to your petition, including drawing a salary. What you can’t do is take on unrelated employment with a different U.S. company without separate authorization.
Q: How long does TN status last, and can it be renewed?
TN status is typically granted in increments of up to three years and can be renewed indefinitely as long as the underlying job offer and occupation continue to qualify. There’s no fixed cap on total time in TN status, though it’s intended to be non-permanent, which is worth keeping in mind if a green card is eventually part of your plan.
Q: Can my key employees also come over from Canada, or just the owner?
Employees can qualify in their own right under the same categories, depending on their role. Managers and executives, or staff with specialized knowledge of the company’s products or processes, may qualify for L-1. Employees filling one of the USMCA-listed professional occupations may qualify for TN. Each person’s qualification is assessed individually. Status isn’t automatically extended to staff just because the owner has it.
Q: What happens to my work authorization if the U.S. business struggles or changes direction?
Status tied to a specific business is directly connected to that business remaining active and operating consistent with what was represented in the petition. A significant change in ownership, structure, or the nature of the business can affect status, so it’s worth talking to us before making major changes rather than after.
Family Considerations for Business Immigration
Q: Can my spouse and children come with me?
Yes. Spouses and unmarried children under 21 can generally accompany or follow to join a principal E-2, L-1, or TN visa holder in dependent status (E-2 or L-2 dependents, or TD status for TN dependents).
Q: Can my spouse work in the U.S. too?
E-2 spouses are generally authorized to work incident to status, without needing a separate employer-specific petition in most cases. TD dependents under TN status are not authorized to work. This is a meaningful practical difference for couples where both partners want to be employed, and it’s worth factoring into which visa category you choose.
Q: Can my kids go to school in the U.S. on dependent status?
Yes, dependent children in E, L, or TD status can attend U.S. primary and secondary school. Many families find this one of the more straightforward parts of the process.
Q: What happens when my child turns 21?
A child who turns 21 (or marries) generally ages out of dependent status and needs their own basis to remain in the U.S., whether that’s a student visa, an employment-based category, or another path. This is worth planning for well before the birthday arrives, particularly for families who came over on E-2 or L-1 status years earlier.
Q: If we eventually want green cards for the whole family, does our current status matter?
It can. Time spent in TN or B status doesn’t build toward permanent residence, and E-2 status is explicitly nonimmigrant intent, which requires care if a green card is later pursued. L-1 status, particularly L-1A for executives and managers, has a more direct bridge to the EB-1C green card category for multinational executives and managers. If permanent residence is likely to be a future goal for your family, it’s worth discussing that at the outset so your initial visa choice doesn’t create avoidable friction later.
A Track Record Canadian Business Owners Can Rely On
Choosing the right visa category is the single biggest factor in whether a Canadian business owner’s U.S. move goes smoothly, and it’s exactly where experienced counsel makes the difference. Berardi Immigration Law has built a strong record of success helping Canadian entrepreneurs and executives secure E-2, L-1, and TN status and grow their U.S. operations without unnecessary setbacks. Our familiarity with cross-border business structures, from single-owner startups to established Canadian companies opening U.S. branches, means we spot the details that make or break a petition before they become a problem. If you’re ready to explore what’s possible for your business, we invite you to talk with our team.
This FAQ is intended as general information for Canadian business owners considering U.S. expansion and does not constitute legal advice. Every business and professional situation is different. Contact Berardi Immigration Law to discuss the options that fit your specific circumstances.