If you and a business partner are considering applying for an E-2 visa, you may be wondering if it’s possible for two owners to submit a joint application. The E-2 visa is specifically designed for individuals who wish to manage and develop their business. However, when there are two owners, certain factors need to be considered to qualify both partners for the visa.
Are you ready to find out how you can both benefit from an E-2 visa as business partners? Keep reading to see how the process works for you.
In this blog, we’ll investigate whether two business owners can apply for an E-2 visa together. We’ll cover everything from eligibility requirements to the application process and important considerations for a successful application. You’ll know exactly what steps to take if you and your business partner want to pursue an E-2 visa together by the end.
Can Two Owners Apply for an E-2 Visa Together?
If you’re asking, “Can a company with two owners apply for an E-2 visa?” The answer is yes, but with certain requirements. It allows foreign nationals to invest in and run a business in the United States. When there are two owners, both can qualify for the visa, provided they meet specific criteria.
For both partners to be eligible, they must each demonstrate their substantial investment in the business, have significant ownership and control, and actively participate in the daily operations. The application process for two owners is quite similar to that for a single investor, but it comes with additional steps to ensure that both partners meet the necessary standards.
Understanding how this process works is crucial. In the next section, we’ll break down the eligibility criteria for both owners applying for the E-2 visa.
Read Also: Can Two Investors Secure an E-2 Visa?
Eligibility Criteria for Two Owners Applying for an E-2 Visa
When considering whether two owners can apply for an E-2 visa together, it’s crucial to understand the eligibility criteria the U.S. government uses. Both partners must meet several key requirements to qualify for the visa. Let’s break it down with more details and examples:
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Nationality
Each partner must be a citizen of a country that has a treaty of commerce and navigation with the U.S. This means both partners need to come from a country that maintains a bilateral treaty with the United States. If one of the partners is from a country without such a treaty, they won’t be eligible for the E-2 visa.
For example, citizens from countries like Canada, Japan, and Germany are eligible, while those from non-treaty countries like Nepal would not be able to apply.
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Substantial Investment
The investment must be substantial enough to establish and operate the business. There is no set dollar amount, but for most businesses, an investment between $100,000 and $200,000 is often considered substantial.
For example, if two partners are starting a restaurant, they might need to invest at least $150,000 each for the business to qualify. This amount should cover initial setup costs, equipment, inventory, and other expenses. It’s important that the investment reflects the size of the business.
If the investment is too small, it may not meet the “substantial” requirement. For a small retail shop, an investment of $50,000 each might be enough, but for a larger manufacturing business, you may need to invest significantly more.
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Ownership and Control
Both partners must have ownership in the business. Each investor must demonstrate at least 50% ownership or a controlling interest. This means if the business is a partnership, both partners must show they have equal control over the business decisions.
For instance, if Partner A owns 60% of the company and Partner B owns 40%, they both share control over operations and management. However, if one partner owns only a minor stake and doesn’t have decision-making power, that could affect their eligibility.
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Active Role
Both partners must actively participate in the business’s operations. This means they must have hands-on management roles and cannot just be passive investors.
A restaurant’s owners might oversee employee training, handle supplier relationships, and set marketing strategies, showing their active involvement in the business’s growth and day-to-day operations.
Meeting these criteria is vital for both partners to apply for the E-2 visa successfully. Both partners can apply for the E-2 visa by following the correct steps and submitting their applications.
The application process can be handled with the right guidance. Contact the Law Offices of Sweta Khandelwal today for expert advice and assistance in submitting your E-2 visa application.
Application Process for Two Owners Seeking an E-2 Visa
Applying for an E-2 visa as two owners involves several steps, and it’s essential to understand the process to avoid delays. While the application process is similar to that of a single investor, there are specific things you need to keep in mind as partners.
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Separate Applications
Each partner must submit an individual application for the E-2 visa. This means that even though you’re applying together, you cannot file a joint application. Both partners need to fill out Form DS-160. Depending on the Location, DS-156E may be required. This is the Online Nonimmigrant Visa Application form. Along with this form, you’ll need to submit the appropriate visa fee, which is typically around $315 per applicant.
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Business Plan
A well-detailed business plan is required to show that your business is viable and that the investment is substantial. The business plan should include financial projections, operational plans, and a breakdown of how each partner will be involved in the business.
For example, if you and your partner are opening a tech startup, your business plan should outline revenue forecasts, staffing needs, and technology requirements. It should also emphasize how both partners will play key roles in growing and managing the business.
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Documenting Investment
Both partners will need to provide evidence of the funds they’ve invested in the business. This includes bank statements, wire transfer receipts, or contracts proving the source of your investment. If you’re each investing $100,000 into a business, be prepared to show the flow of that money from your personal account to the business.
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Proof of Active Role
You will need to demonstrate that both partners are actively managing and directing the business. This can be done by providing a job description, detailing your responsibilities, or showing that both partners are involved in daily operations.
For instance, one partner might handle marketing and sales, while the other oversees finances and operations. Make sure you have documentation to support your claims.
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Visa Interview
After submitting your application and documentation, you’ll both need to attend a visa interview at the U.S. Embassy or Consulate. During the interview, you’ll need to explain the business, your roles, and how the investment qualifies for the E-2 visa. You need to answer questions about the company’s operations, your active involvement, and how the business will benefit the U.S. economy.
Follow these steps and ensure that both partners meet the E-2 visa requirements to increase your chances of approval. These considerations will benefit your business considerably.
Read Also: Changing Your Business Type on an E-2 Visa: Steps and Rules
5 Benefits of Two Owners Applying for an E-2 Visa Together
If you and your business partner are considering applying for an E-2 visa together, there are several advantages that come with this approach. Not only can it help reduce the financial burden, but it also improves the long-term success of your business. Here are five key benefits of applying for an E-2 visa as two owners:
1. Shared Financial Responsibility
When both partners apply for an E-2 visa, the financial burden of the substantial investment is shared. Instead of one person bearing the full responsibility, both can contribute a proportional amount, making it easier to meet the substantial investment requirement. For example, if the required investment is $200,000, each partner can invest $100,000, easing the financial load and increasing the likelihood of approval.
2. Access to More Resources
With two owners, your business can access a broader range of resources, both financial and intellectual. Each partner brings different skills, expertise, and networks to the table, allowing for better business management and growth. This strengthens the business plan and demonstrates the sustainability of your business to immigration authorities.
3. Increased Operational Efficiency
Having two partners means that the operational workload is divided. Both of you can share the responsibility of managing and growing the business, ensuring that every aspect is covered. With both of you playing active roles, your business can run more efficiently, which is a significant advantage when proving that you both meet the “active role” requirement for the E-2 visa.
4. Reduced Risk of Financial Instability
Both partners can help stabilize the business by splitting the investment and responsibilities. If one partner faces personal financial challenges, the other can step in to help support the business’s ongoing operations. This shared risk reduction improves the overall chances of business success and shows that your business is financially stable, which is important for the E-2 visa application.
5. Greater Business Growth Potential
Two partners can bring more capital, ideas, and energy to the table, which increases your business’s potential for growth. This can help attract more customers, secure larger contracts, and scale faster. For example, one partner might focus on product development while the other handles sales and marketing, which can lead to quicker growth and improved profitability.
With these benefits, applying for an E-2 visa as two business owners can increase the likelihood of your visa approval and provide a solid foundation for your business’s success in the U.S.
Sweta Khandelwal can provide expert guidance and help you maximize your chances of success.
Conclusion
In conclusion, applying for an E-2 visa as two owners can be an incredibly rewarding decision for both business partners. You meet the eligibility requirements and set the foundation for long-term success by sharing the investment responsibility. The benefits of shared access to diverse resources, improved operational efficiency, and increased growth potential make applying together a strategic move.
Remember, both partners must show active involvement, proportional investment, and clear ownership of at least 50% of the business. With a well-documented business plan, proof of investment, and understanding of the key visa requirements, you can confidently handle the application process.
If you’re ready to start your E-2 visa application or have questions about the process, don’t hesitate to take action now. Contact the Law Offices of Sweta Khandelwal for expert assistance in securing your E-2 visa. Along with us, Sweta Khandelwal is here to guide you through every step of the application process. Contact The Law Offices of Sweta Khandelwal today to begin your journey towards obtaining an E-2 visa and growing your business in the U.S.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
