Imagine you’re standing at the edge of something big, a dream that requires more than just one person. You have a partner, someone who shares the same ambition, the same hunger to make it in the U.S. business world. Together, you’re looking to grow a venture, but here’s the burning question: Can two investors secure an E-2 visa for the same company?
This blog is here to answer that question and guide you through the process. If you’ve ever wondered whether you and a partner can build your American business dreams together on an E-2 visa, keep reading. We’ve got the answers to help you take that next step.
Can Two Investors Apply for an E-2 Visa?
Yes, two investors can apply for the E-2 visa under the same business. However, it’s not just about splitting the costs and calling it a day. The E-2 visa process has specific requirements to ensure both investors qualify individually while supporting the business together. So, what do you need?
- First, the investment must be substantial. Each investor must put enough capital into the business to show that it can grow and succeed. Depending on the nature of the business, that could mean contributing tens of thousands of dollars, or more.
- Both investors also need to have 50-50 ownership in the day-to-day management of the company. The E-2 visa isn’t for silent investors who just watch their money grow. It’s all about actively contributing to the business’s success.
The key takeaway is that while both investors can jointly manage a business, each must submit a separate E-2 visa application. That means each person has to prove their investment and involvement.
Also Read: EB-1C Visa Application for Managers and Executives
Do You Need to Apply for an E-2 Visa Separately?
While you and your business partner might share a vision and actively manage the business together, the E-2 visa application process requires each of you to apply separately. The U.S. immigration system doesn’t treat joint investors as a single applicant, even if you both hold a significant stake in the company. Here’s what you need to follow:
- Separate Applications: Each investor must submit their own E-2 visa application. This includes proving your involvement in managing the business. Both should provide clear documentation on how they contribute to the company’s success, whether financially, operationally, or both.
- Individual Evidence: Even though you’re working together, the applications should stand on their own, meaning each one should have strong, separate documentation that supports your personal eligibility.
- Compliance with International Agreements: Each investor must be from a country that has an E-2 visa treaty with the United States. If one partner is from a country that doesn’t have this treaty, they won’t be eligible to apply for the E-2 visa.
In short, applying separately ensures the U.S. government is clear on the involvement and contribution of each individual investor, ensuring fairness and transparency throughout the process.
This is the correct way to secure an E-2 visa. However, you also need to focus on nationality.
Ready to get started? Contact the Law Offices of Sweta Khandelwal today to guide you through the separate E-2 visa application process. Let’s make sure your business partnership takes off without a hitch!
Can Two Investors from Different Nationalities Apply for an E-2 Visa?
Yes, two investors from different nationalities can apply for an E-2 visa under the same company, but there are specific conditions.
These treaties allow foreign nationals to invest in and manage U.S. businesses. The U.S. has treaties with countries such as Canada, Germany, Japan, and many others. If both investors are from countries listed in the U.S. Department of State’s current treaty list, they are eligible to apply for the visa individually.
- For example, if one investor is from Germany and the other is from Japan, both can apply for an E-2 visa under the same business.
What About the Company Itself?
The company under which two investors apply for the E-2 visa can also have “dual nationality” if it is owned by investors from multiple treaty countries. This means that the company can be structured in such a way that it satisfies the treaty requirements for both investors. This allows it to support visa applications from both nationalities.
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Dual Nationality Company
The U.S. government allows a business to operate with investors from different treaty countries, meaning the company can have a “dual nationality” status. This concept of dual nationality is key for businesses with partners from different countries, as it allows both investors to be eligible for an E-2 visa through their shared business.
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Ownership and Control
The company must be majority-owned (at least 50%) by the investors, and they must have the control necessary to make significant business decisions. Both investors must demonstrate that they are integral to the business’s managerial positions and have equal ownership or a clear management structure.
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Documenting Nationality
When applying for the E-2 visa, investors will need to provide proof that their nationality is part of the U.S. treaty list.
Key USCIS Rules to Consider
- Form DS-160: This is the application form used to apply for the E-2 visa. Investors from dual-nationality countries will need to submit separate DS-160 forms, each detailing their personal investment, business role, and management responsibilities.
- Form I-129: If applying from within the U.S., investors will need to file Form I-129, Petition for a Nonimmigrant Worker, in addition to the DS-160 form.
The specific USCIS regulation that addresses treaty investor visas is found under 8 U.S. Code § 1101(a)(15)(E), which defines the E-2 classification. Additionally, investors must follow the guidelines the U.S. Department of State sets forth for the E-2 visa application process. It ensures they meet both the national treaty and substantial investment criteria.
To get an E-2 visa, you must follow these rules and maintain treaty nationality. The process seems a little complicated, but it is worth trying as it has amazing advantages.
Read Also: E2 Visa to EB1C Green Card Path
What Are the Benefits of Collaborative E-2 Visa Applications?
When two investors work together to apply for an E-2 visa, they can share the responsibilities, resources, and risks associated with their business. This collaborative effort can offer numerous advantages, such as:
- Shared Control and Responsibility: With two investors, control and responsibilities are divided, creating a more stable foundation for the business. This shared management structure can provide additional perspectives and a more balanced decision-making process.
- Resource Pooling: Two investors can combine their financial resources, allowing them to make a larger investment in the business. This larger capital base enables the business to be more scalable, providing a greater opportunity for long-term growth.
- Risk Mitigation: By sharing both the investment and management duties, the investors can better manage risks. If one investor faces a setback, the other can step in to help, ensuring the business remains on track.
- Broader Expertise: Each investor may bring unique skills or knowledge to the business. With complementary expertise, the company benefits from a wider range of solutions, which improves its chances of success.
These advantages contribute to the growth and stability of the business, making the E-2 visa a powerful tool for entrepreneurial partnerships. However, it’s not without its challenges.
Ready to explore the benefits of a collaborative E-2 visa? Contact The Law Offices of Sweta Khandelwal today to discuss how an E-2 visa can help grow your business in the U.S.! Let’s take the next step toward success.
3 Common Issues During the E-2 Application Process
When applying for an E-2 visa with a business partner, there are a few common issues that can arise. Understanding these challenges ahead of time will help you to simplify the application process:
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Insufficient Documentation
One of the most frequent issues is the lack of detailed, organized documentation. The U.S. government wants to see exactly how the business operates, who controls it, and how much both investors have invested. Without a thorough business plan, financial records, and proof of active management, your application may be delayed or denied.
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Ownership and Control Disputes
If the roles of each investor aren’t clearly defined, it can create confusion. Each investor needs to show that they have at least 50% control of the business. Any ambiguity in ownership can raise red flags.
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Complexities with Shared Roles
Investors need to clearly communicate their roles and contributions to the business. If both investors have overlapping responsibilities without clear separation of duties, it can complicate the application. It’s important to clearly outline who’s in charge of what to avoid confusion.
While there are several challenges during the E-2 application process, it’s also important to highlight the flexibility the E-2 visa provides when it comes to building your team. One of the advantages of the E-2 visa is that there is no cap on the number of essential employees who can be granted an E-2 visa. This flexibility allows businesses to scale and hire the necessary talent without limitations.
Also Read: Transition from L1B Visa to EB1C Green Card: A Step-by-Step Guide
Is There a Cap on the Number of Essential Employees for an E-2 Visa?
One of the significant advantages of the E-2 visa is its flexibility when it comes to hiring employees. Unlike some visa categories, the E-2 visa does not impose a limit on the number of essential employees who can be granted an E-2 visa. However, to qualify, employees must meet certain requirements.
- No Cap on Employees: There is no set limit on the number of essential employees who can receive E-2 visas as long as they meet the qualifications.
- Types of Employees: The employees granted an E-2 visa must be executives, managers, or specialized employees who are essential to the business’s operations.
- Business Growth: The ability to hire multiple qualified employees allows the business to grow and scale more efficiently, contributing to long-term success.
Having no cap on the number of employees allows E-2 visa holders to build a team, providing the necessary experience to help the business thrive. With the right team, investors can confidently expand their business operations in the U.S.
Looking to expand your business with qualified employees? Speak to Sweta Khandelwal to guide you through the process of hiring essential employees on an E-2 visa and scaling your business efficiently.
Conclusion
The key to success lies in meeting the necessary criteria, substantial investment, active participation in the business, and thorough documentation of roles. So, the correct answer to your questions: “Can Two Investors Apply for an E-2 Visa?” is yes, but with a few rules. For example, both investors must apply separately, yet their shared ownership and management of the company can offer numerous benefits. They create a stronger foundation for growth by pooling resources, managing risks, and combining their complementary skills. This collaborative approach increases the likelihood of success and ensures that the business has a clear and stable direction.
For those looking to avoid these obstacles, Contact the Law Offices of Sweta Khandelwal to receive expert guidance on simplifying your E-2 visa application. For further assistance, Sweta Khandelwal can provide personalized guidance customized to your specific business needs. Ready to make your E-2 visa application process smoother? Visit The Law Offices of Sweta Khandelwal and start your journey today!
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.
