Can Two Partners Obtain an E-2 Visa by Investing Equally?
Learn how two partners can apply for an E-2 Visa by investing equally. Discover requirements, key considerations, and application tips!
By Asim Kilinc, Immigration Attorney at Clinch Law Firm
The E-2 visa offers significant opportunities for entrepreneurs who wish to invest in the U.S. and establish a business. However, partnerships may be evaluated differently during the E-2 visa application process. So, can two partners obtain an E-2 visa by investing equally? In this article, we will explain the E-2 visa application requirements for partnerships, how each partner is evaluated, and important considerations during the process:
- E-2 Visa Application Requirements in Partnerships
- Does Each Partner Need to Apply for an E-2 Visa Separately?
- Key Considerations and Common Issues During the Application Process
If you have further questions about the E-2 visa, feel free to leave a comment below, message me directly via LinkedIn, or contact me through the Clinch Law Firm website.
| Requirement | What It Means for Two Equal Partners |
|---|---|
| Investment Amount | Each partner must invest a substantial and proportional amount. Example: Total $200,000 → each must invest $100,000. |
| Ownership Structure | Partners may own 50–50, but the two partners together must hold **at least 50% control** of the business. |
| Active Management | Each partner must actively participate in managing the business. Passive investors do not qualify. |
| Separate Applications | Each partner must file an E-2 visa application individually and demonstrate personal eligibility. |
| Treaty Country Requirement | Each partner must be a citizen of a country that has an E-2 treaty with the U.S. Partnership eligibility depends on each partner’s nationality. |
| Documentation | Business plan, financial records, investment proof, roles, partnership agreement, and operational documents must be complete and consistent. |
E-2 Visa Application Requirements in Partnerships
When applying for an E-2 visa, each partner must meet the eligibility criteria individually. If two partners are investing equally, the following conditions apply:
- Sufficient Investment
Each partner’s investment must be proportional to the size and nature of the business. For example, if the total investment is $200,000, each partner is expected to contribute at least $100,000.
The investment amount must be sufficient to start and sustain the business. - Shared Control
Partners can share control of the business equally. However, each partner must play an active role in managing the business.
Together, the two partners must own at least 50% of the business. For instance, if a third party holds more than 50%, the E-2 visa application may not be approved. - Nonimmigrant Status Requirements
Both partners must demonstrate that their stay in the U.S. is temporary and that they are investing to ensure the profitability of the business.
Does Each Partner Need to Apply for an E-2 Visa Separately?
Each partner must individually apply for an E-2 visa. The application process includes the following requirements for each partner:
- Separate Application Process
Each partner must individually prove their eligibility for the this visa.
The personal financial situation, contribution to the business, and role in management are evaluated separately for each partner. - Management Role and Active Participation
Each partner must actively participate in managing the business. Passive investors are not eligible for this visa.
For example, one partner may oversee financial management while the other handles operational processes. - Compliance with International Agreements
Each partner’s country of citizenship must have an E-2 visa treaty with the United States. If one partner is from a non-treaty country, they cannot apply for this visa.
Key Considerations and Common Issues During the Application Process
- Proportionality of Investment
If the investment is not proportional to the size of the business, the application may be denied, even if both partners invest equally. It is essential to accurately calculate the required capital for the business. - Ownership and Control Distribution
While a 50-50 ownership split is acceptable, control and management rights must be clearly documented.
Excessive control by third parties may jeopardize the visa application. - Clarity of Management Roles
Each partner’s role in the business must be clearly defined and documented in the application. Ambiguity or passive roles in management can lead to visa denial. - Complete Documentation
Business plans, financial records, and documents showing each partner’s investment must be thorough and accurate.
Partnership agreements should be detailed and included in the application.
Conclusion
It is possible for two partners to obtain an E-2 visa by investing equally. However, each partner must individually meet the eligibility criteria, and the investment must be sufficient to support the business. Active involvement in managing the business and contributing to the U.S. economy are critical for a successful application.
At Clinch Law Firm, we offer comprehensive support to investors planning to apply for an E-2 visa through partnerships. Our expert team helps simplify the application process and increase your chances of success. For professional assistance, detailed information, and consultation services, contact us at clinchlaw.com, via email at info@clinchlaw.com, or directly through LinkedIn.
