Treaty Nationality
The investor, whether an individual or business, must possess the
nationality of the treaty country. The nationality of a business
is determined by the nationality of the individual owners of that
business.
If the investor is a foreign corporation, at least 50 percent of
the corporate owners must be nationals of the treaty country. If
the corporation is owned by another business, then the ownership
must be traced to the point of reaching the 50 percent rule with
respect to the parent organization.
The country of incorporation is irrelevant to the nationality requirement
for E2 visa purposes. In cases where a corporation is sold exclusively
on a stock exchange in the country of incorporation, however, one
can presume that the nationality of the corporation is that of the
location of the exchange. In the case of a multinational
corporation whose stock is exchanged in more than one country, then
the applicant must present the best evidence available to show that
the business meets the nationality requirement.
Except in the case in which an enterprise is owned and controlled
equally (50/50) by nationals of two treaty countries, a business
for which E2 visa status is sought may have only one qualifying
nationality. In the case of dual national owner(s), a choice must
be made by the owners as to which nationality shall be used. The
owners and all E2 visa employees of the company must possess the
nationality of the single E2 visa qualifying country, and hold themselves
as nationals of that country for all E2 visa purposes involving
that company, regardless of whether they also possess the nationality
of another E2 visa country. When a company is equally owned and
controlled by nationals of two different treaty countries, employees
of either nationality may obtain E2 visas to work for that company.
FOR CONSULTATION WITH AN IMMIGRATION LAWYER, PLEASE CALL
US AT (626) 279-5341 OR E-MAIL US AT: INFO@E2VISALAWYER.NET. AN ATTORNEY IN OUR OFFICE WOULD
BE HAPPY TO ASSIST YOU.
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ADVICE. SUCH INFORMATION IS INTENDED TO EDUCATE MEMBERS OF THE PUBLIC
GENERALLY AND IS NOT INTENDED TO PROVIDE SOLUTIONS TO INDIVIDUAL
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REGARDING SPECIFIC CASE SITUATIONS.
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