The E-2 visa is a popular visa category for foreign entrepreneurs who wish to invest in and manage a business in the United States. One common question that arises is whether an E-2 visa applicant can have a U.S. business partner. In this blog post, we will explore whether the E-2 visa allows the applicant to have a U.S. business partner.
The short answer is yes, an E-2 visa applicant can have a U.S. business partner. However, there are some important considerations to keep in mind.
First, it is important to understand that the E-2 visa is a nonimmigrant visa category, which means that it does not provide a direct path to permanent residency or citizenship. The visa is intended to allow the applicant to invest in and manage a business in the United States for a temporary period of time. Therefore, any U.S. business partner should be aware of this limitation and be willing to work within the scope of the E-2 visa requirements.
Second, the U.S. business partner must not hold a controlling interest in the business. In order to qualify for the E-2 visa, the applicant must have at least 50% ownership in the business, and possess operational control through a managerial position. If the U.S. business partner holds a majority interest or has more control over the business than the E-2 visa applicant, it may jeopardize the visa application.
Third, the E-2 visa expects the foreign national to be the primary and substantial financial contributor to the business. The investment must be more than sufficient to ensure the success of the business. The majority of financial investment must come from the E-2 treaty national. The U.S. partner is limited to offering his or her time, labor, and/or services in most cases, and may only contribute a small percentage of the total investment.
Finally, it is important to ensure that the business partnership is properly structured and documented. This may involve drafting a partnership agreement or operating agreement that outlines the roles and responsibilities of each partner, as well as the investment and ownership structure of the business.
In conclusion, an E-2 visa applicant can have a U.S. business partner, but it is important to ensure that the partnership is properly structured and that the U.S. business partner does not hold a controlling interest in the business. An experienced immigration attorney can provide guidance on how to structure the business partnership in a way that meets the E-2 visa requirements.