How Windsor-Essex Small Business Owners Can Start or Expand a Business in the U.S. with an E-1 or E-2 Visa

If you’re a Windsor-Essex small business owner looking to grow your company, you might be thinking about expanding into the United States. With Detroit just across the river, many entrepreneurs see the U.S. as a natural next step for business growth. But how do you legally live and work in the U.S. to run your business? That’s where the E-1 Treaty Trader Visa and E-2 Treaty Investor Visa come in.

In this article, we’ll answer the most common questions Windsor-Essex business owners have about the E-1 and E-2 visas, and explain how the right legal guidance can make your cross-border expansion smoother and more successful.

What is the difference between the E-1 and E-2 visas?

The E-1 Treaty Trader Visa is designed for businesses that do substantial trade between Canada and the U.S. This trade could involve goods, services, or technology. For Windsor-Essex companies already selling products or services across the border, with a growing U.S. customer base, the E-1 can be a great fit.

The E-2 Treaty Investor Visa is for entrepreneurs who are investing a significant amount of money in a U.S. business, whether starting one from scratch or buying into an existing company. For Windsor business owners looking to set up shop in Detroit or invest in a Michigan-based operation, this visa is often the right choice.

How much do I need to invest for an E-2 visa?

There’s no set dollar amount. The law requires a “substantial investment,” which depends on the type of business. For example:

• A tech startup with low overhead might qualify with a smaller investment.
  
  
• A restaurant or manufacturing business may require much more.
  
  

As a general rule, investments of $100,000 or more are often considered strong, but smaller amounts can work if they clearly support the business plan.

Can Windsor-Essex businesses qualify for E visas?

Yes. Canada is one of the countries with a treaty agreement, which means Canadian citizens, including those in Windsor, Essex County, and the surrounding region, are eligible for both the E-1 and E-2 visas.

This is a huge advantage for local entrepreneurs. With Detroit right across the border, Windsor-Essex business owners are perfectly positioned to use these visas to grow into the U.S. market.

Can my family join me if I get an E visa?

Yes. Your spouse and unmarried children under 21 can accompany you. Spouses can also apply for work authorization in the U.S., and children can attend school. For many Windsor-Essex families, this makes the move across the border smoother and more practical.

It is also possible to commute to the U.S. with this visa, as this type of visa does not require residency in the U.S. 

How long does the process take?

The timeline depends on several factors, including how quickly you can prepare your application and the availability of appointments at the U.S. Consulate. On average, Windsor-Essex business owners can expect the process to take 2–8 months.

A well-prepared application can make all the difference in avoiding delays.

Do E-1 and E-2 visas lead to a green card?

Not directly. Both visas are non-immigrant visas, which means they don’t automatically lead to permanent residency. However, they can often be renewed as long as the business is running. Some business owners later transition to other visa categories that do lead to a green card.

What mistakes do Windsor-Essex business owners make when applying?

Some common mistakes we see include:

• Underestimating the investment requirement for the E-2.
  
  
• Weak business plans that don’t demonstrate long-term success.
  
  
• Poor documentation of trade relationships for the E-1.
  
  

These errors can cause delays or even denials. That’s why many Windsor-Essex entrepreneurs choose to work with a local immigration lawyer who understands both the Canadian and U.S. requirements.

Why work with a Windsor-Essex immigration law firm?

You might wonder whether you should work with a large U.S.-based firm. While those firms handle immigration law, they often lack the local perspective that Windsor-Essex businesses need.

Here’s why working with a local firm matters:

• We understand both Canadian and U.S. systems.
  
  
• We know the unique challenges of cross-border trade and investment.
  
  
• We’re familiar with the Windsor-Essex landscape and can provide personalized support.
  
  

Expanding your business isn’t just about paperwork, it’s about building a strategy that works for your company’s future. A Windsor-based firm with cross-border expertise gives you the best of both worlds.

Can I start the process before I fully commit?

Yes. Many Windsor-Essex business owners begin by consulting with a lawyer before making financial commitments. This step helps you:

• Assess whether the E-1 or E-2 is the better fit.
  
  
• Structure your investment or trade relationships properly.
  
  
• Build a strong business plan for your application.
  
  

By planning ahead, you reduce risk and increase your chances of success.

What’s the first step for Windsor-Essex business owners?

The first step is simple: schedule a strategy session with an immigration lawyer who specializes in cross-border business. During this consultation, you’ll:

• Review your eligibility for the E-1 or E-2 visa.
  
  
• Get advice on how to structure your investment or trade.
  
  
• Understand the documents and business plan you’ll need.
  
  

Taking this step early ensures your expansion plan is both legally sound and strategically smart.

Ready to take the next step to apply for an E-1 or E-2 visa?

For Windsor-Essex small business owners, the U.S. market is full of opportunity, and it’s right across the border. Whether your business is trading with U.S. partners under an E-1 visa or investing in Detroit-area ventures through an E-2 visa, the right legal support makes all the difference.

Our firm has helped countless Windsor-Essex entrepreneurs expand across the border. We combine immigration law expertise with a deep understanding of local business realities.

Ready to take the next step? Schedule a strategy session today to discuss your options and start your cross-border growth journey with confidence.