Consulate General of the United States Toronto, Canada

Thank you for your interest in E-visas. The information on this page serves to answer many of the frequently asked questions the Consulate General in Toronto receives regarding E-visas. Additional general information about E-visas can be found on the State Department website. To access the full regulations governing E-visas, you may refer to the Foreign Affairs Manual. Please understand that U.S. immigration law places the burden of qualifying for any visa solely with the applicant.

Q: Who is eligible to apply for an E-visa?

A: E-visas are available to Canadian citizens and citizens of approximately 60 other countries which have investment or trade treaties with the U.S. If you are not a Canadian citizen and want to know if a treaty exists between the U.S. and your country of citizenship, please consult the Department of State website. If your country of citizenship has no appropriate treaty with the U.S. you cannot apply for an E-visa.

Q: How do I schedule an appointment?

A: As soon as you have gathered all documentation pertaining to your E-visa application, you may schedule an appointment online at the U.S. Visa Service website, or by calling 647-955-3736 (from the Toronto area) or 1-877-341-2441 (from elsewhere in Canada or from the U.S.). Before an appointment may be scheduled, you must pay the required visa fees for the principal applicant and any eligible family members.

Q: I am a Canadian citizen, do I need an E-visa? Do I need a passport?

A: Canadian citizens must qualify for an E-visa before seeking entry as a Treaty Investor or Treaty Trader. Canadian citizens may seek entry to the U.S. without a visa at a port of entry or U.S. Department of Homeland Security (DHS) preclearance station to explore business opportunities; please consult the CBP.gov list of ports of entry for details. All successful E-visa applicants and their dependents must present valid passports in order to receive a visa, regardless of age or nationality.

Q: I received a change of status from the U.S. Department of Homeland Security (DHS), Citizenship and Immigration Service (USCIS). Is that all that I need in order to receive an E-visa at your office?

A: No. A change of status with DHS does not automatically grant E-visa status. If you have been granted a change of status and leave the U.S., in most cases, you must qualify for an E-visa in order to return to the U.S. in that status. To obtain an E-visa, you may apply in the normal manner with us by following the instructions on our website. A change of status will not speed up adjudication or otherwise expedite your E-visa application.

Q: What is E-visa Company Registration?

A: E-visa company registration indicates a Consular Officer previously determined that a company had met E-visa standards on a prior application. Registered companies are given a Notice of E-Visa Company Registration when an investor or employee of a qualifying enterprise is issued an E-visa. During the registration period, if the treaty enterprise seeks to send an additional employee to the U.S. on an E-visa, those employees may apply under the procedures outlined for "Employees of Registered Companies." Unless there have been substantive changes to the enterprise that would jeopardize its E-visa status, subsequent applications can focus on whether and how a given employee qualifies for an E-visa as the owner, manager or essential employee of a registered E-visa company. If there have been substantial changes in the company's ownership structure or operations since the registration notice was issued, the Consular Officer may require additional corporate documents to ensure the treaty enterprise still qualifies. If the company's registration is set to expire, the next applicant from the company should follow the instructions for "New Cases and Renewals" to seek re-registration for the company. The Consulate in Toronto will only register a company in the context of a visa application.

Q: What if I do not know which queue is most appropriate for my situation?

A: When booking your appointment online, if you are unsure whether you should apply in the "New Cases and Renewals", "Employees of Registered Companies" or "Dependents" queue, please contact our office at evisatoronto@state.gov, and we will advise. Failure to schedule an appointment in the proper queue may cause delays in processing your E-visa application.

Q: How much money do I need to invest?

A: There is no minimum amount for an investment. E-2 visa regulations state that the investment must be substantial and sufficient to ensure the success of the desired investment. Different types of businesses require various amounts of capital, and the amount you will need to invest depends on your U.S. enterprise.

Q: Do I really have to invest the money before I apply for the visa? Can't you issue me the visa first?

A: E-2 visa regulations require that the funds be "irrevocably committed" to the investment before the visa may be issued. Therefore, you must demonstrate that your investment meets this criterion when you apply for an E-visa; this is usually accomplished by showing that your funds are already at risk. Funds can be considered to be irrevocably committed, however, if they are held in an escrow account contingent only on the issuance of an E-visa.

Q: How do I start a business if I don't have the visa?

A: You may enter the United States in B-1 status in order to set up (not run) your business. You may not be paid in the U.S. while in B-1 status. If your enterprise requires someone to manage or run daily operations, you may hire individuals who are already legally allowed to work in the U.S. prior to receiving your E-visa. Once you have made the initial commitment of your funds, you should apply immediately for the E-visa.

Q: How long do I have to wait before I can apply for a "green card" or U.S. citizenship?

A: An E-visa is a non-immigrant visa and does not lead to either a "green card" for permanent residency or U.S. citizenship. You may remain in the U.S. only as long as your business conforms to E-visa regulations, and you maintain proper visa and immigration status. You are cautioned against accepting assurances from third parties that you can remain indefinitely in the U.S. with an E-visa. If your underlying intention is to relocate to the U.S. then please seek the appropriate immigrant visa.

Q: Do I need an immigration attorney?

A: There is no requirement that you hire an attorney to apply for an E-visa. While many E-visa applicants choose to retain an attorney, others do not. The decision to retain counsel is a personal one, and does not affect your eligibility.

Q: Where can I get information about good places to invest in the U.S.?

A: We do not have regional or state business and economic information. The U.S. government's trade function promotes exports, not inward investments, which is left to state and local governments. Please contact state offices of economic development and local chambers of commerce for economic forecasts and similar information. Additionally, several U.S. state governments maintain economic development offices in Toronto and Montreal, which may be able to assist potential investors.

Q: What licenses and permits do I need to open and run a business in the U.S.?

A: Licensing and permit requirements in the U.S. fall mainly under state and local law, and vary with the type of business you wish to operate. For specific information, please contact the appropriate government offices in the locality where you plan to start your business.

Q: I own an E-visa company and want to employ someone who is not in the U.S. Can employees of an E-visa company qualify for an E-visa to work in my U.S. enterprise?

A: To qualify for an E-visa as the employee of an E-visa company, the applicant must have the same citizenship as the owners of the E-company. Additionally, the job to be performed must be executive or supervisory in nature, or the employee must possess skills essential to the operation of the U.S. enterprise.

Q: My spouse and/or children are citizens of a country other than my own. Can they still accompany me?

A: The spouse and children (defined as unmarried and under 21 years of age) do not need to have the same citizenship as the principal applicant. However, dependents of E-visa holders are required to have visas in order to accompany the principal applicant to the United States.

Q: Do I have to come to Toronto to apply in person?

A: Yes. Each E-visa applicant, assuming they are applying from within the Toronto E-visa District, including dependents, must appear in person before a consular officer. In all cases, regardless of age, each applicant must be physically present in Canada at the time of application.

Q: I have previously been found ineligible for a U.S. visa. Can I still qualify for an E-visa?

A: Those applicants who are ineligible for a U.S. visa due to criminal convictions, immigration violations, drug charges or other similar reasons must appear to determine their ineligibility and likelihood of a waiver for any such ineligibility. Applicants requiring a waiver face a likely wait of two months or more for a waiver to be processed by DHS. Even if the applicant qualifies on E-visa standards, there is no guarantee that a waiver of the ineligibility will be approved.

Q: Can anyone apply for an E-visa in Toronto?

A: Only Canadian citizens and landed immigrants in Canada from a qualifying treaty country may apply for an E-visa in Toronto provided they are residents of Ontario, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, Prince Edward Island, Quebec and Saskatchewan.

Q: I am an Australian citizen applying for an E3 visa. What do I need to do?

A: Applicants for E-3 visas are seen in Toronto in the same manner as all other non E-visa applicants, by appointment made online through the U.S. Visa Service website or by calling 647-955-3736 (calling from the Toronto area), 1-877-341-2441 (calling from elsewhere in Canada or from the U.S). Information about E-3 visas is available at the U.S. Embassy in Canberra. Appointments are booked many weeks in advance. There is no special consideration given to E-3 visa applicants.

We urge all visa applicants who are not landed immigrants or long-term residents of Canada to apply at a U.S. Embassy or Consulate in their home country. Applicants who come to Toronto from the U.S., having entered the U.S. as a visitor, are likely to be found ineligible here and unable to return to the U.S. even as a visitor.

Q: I am a U.K. citizen applying for an E-visa. What do I need to do?

A: The 1815 treaty between the United States and the United Kingdom, which governs the issuance of treaty trader (E-1) and treaty investor (E-2) visas, restricts British E-visa applications in Toronto. A British citizen who is a landed immigrant in Canada cannot apply for an E-visa in Toronto and must apply in London. A British citizen who also holds Canadian citizenship may apply for an E-visa in Toronto as a Canadian citizen, if the firm is Canadian (i.e. at least 50% ownership by a Canadian citizen or corporation), under the U.S./Canada treaty.

Q: I was interviewed for a visa and told that I am otherwise qualified, but that my case will require administrative processing before the visa can be issued. How long will that take?

A: Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a Consular Officer. Applicants are advised of this requirement at the time of their interview and will be advised on the estimated amount of time for processing to be completed. In general, most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on the individual circumstances of each case. The Consulate has no control over the time it will take to complete the necessary administrative processing. Visa applicants are reminded to apply for their visa well in advance of their anticipated travel date.

Q: How do I replace a lost, stolen, or damaged E-visa?

A: If you were issued an E-visa at the Consulate in Toronto and subsequently have had the visa lost, stolen, or damaged, please email us for instructions on how to apply to replace your visa at evisatoronto@state.gov. Please be prepared to provide a statement describing the circumstances in which your E-visa was lost, stolen, or damaged. Additionally, if your E-visa has been stolen, you will be required to submit a police report.

Q: Can I request an expedited appointment for my E-visa application?

A: We receive many requests for expedited processing of E-visa cases due to business-related purposes. These often include: travelers unaware that they are unable to return to the U.S. with only an approved change of status (I-797 & I-94), travelers who are setting up new business ventures in the U.S. and have been refused entry as a visitor for business (B-1), travelers who fear negative business consequences if they are away from their businesses for a prolonged period, and other valid business reasons. While we do understand the need on the part of the traveler, we do not possess sufficient resources to accommodate these requests.

Expedited appointments are generally reserved for those cases where there is an acute humanitarian need for urgent travel to the U.S. The Department of State does not provide premium or expedited processing for an additional fee.

Q: I believe I may qualify for an expedited appointment. What is the procedure for requesting an earlier appointment?

A: For information on how to request an expedited appointment, please see the Toronto Visa FAQ.