No. The actual rights, nationality, investment and enterprise requirements still need assessment. A percentage alone does not describe how the applicant will develop and direct the business.
Read voting and operational authority together
Bring the agreements covering management and decisions, including deadlock provisions. Identify what the applicant can actually do. Avoid assuming either automatic eligibility or automatic ineligibility from the numerical split without reviewing the arrangement.
Read ownership alongside voting, veto, management, and deadlock terms. Both investor and enterprise need treaty nationality: Canadian citizenship, not permanent residence, plus at least 50% treaty-national enterprise ownership. The investor develops and directs through half ownership or operational control. Substantiality uses proportionality, not a fixed minimum; capital is irrevocably committed and at risk, although investing may still be underway. A new enterprise can qualify if it will be real and active. It cannot be marginal: it must have present or future capacity to generate more than a minimal living or make a significant economic contribution, with future capacity generally realizable within five years after normal business activity begins. E-2 offers no direct path to permanent residence. The frequent mistake is treating a 50/50 share certificate as proof of every condition.
Hypothetical example: A London commercial-cleaning operator and a Canadian partner plan an equal U.S. venture. Their draft gives the partner final say over hiring, banking, pricing, and contracts. The operator gathers passports, capitalization records, escrow terms, startup purchases, forecasts, and the full operating agreement, then negotiates shared operational control before relying on E-2. Evidence also shows how the committed funds compare with the cost of launching this cleaning business and how supported contracts and hiring plans address non-marginality.