Canadian nationality held by the investor and by at least half the enterprise's ownership, a substantial investment irrevocably committed and at risk, a real operating business that is not marginal, and development and direction by the investor.
Nationality, capital, enterprise, control
Nationality is checked twice: the investor must be a national of a treaty country, and at least fifty percent of the enterprise's ownership must be held by nationals of that same treaty country. Canada qualifies. The investment must be substantial in proportion to the cost of buying or establishing this particular business, which means a modest purchase price demands proportionally more rather than less. The funds must be irrevocably committed and subject to partial or total loss if the business fails, which is why escrow tied to the decision matters so much. The enterprise must be real and operating, producing goods or services, and it must be more than marginal, meaning capable of generating more than a minimal living for the investor and family, judged over roughly five years. Finally the investor must develop and direct the business.
Hypothetical example: a specialty-mushroom grower agrees to buy a U.S. packing shed but keeps the purchase funds withdrawable until the visa result. The first review should produce a commitment ledger showing each binding obligation, its loss exposure, ownership, and commercial purpose. The signed agreement and escrow terms settle commitment; ownership records settle nationality and control. Test those facts before polishing revenue projections. The recurring error is counting a bank balance as an investment even though the investor can retrieve it freely, leaving the enterprise without the necessary risk-bearing capital.