Can Two Partners Obtain an E-2 Visa by Investing Equally?

By Ergul Celiksoy, Immigration Attorney at CK 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 CK Law Firm website.

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 E-2 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 an E-2 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 an E-2 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 CK 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 cklawfirm.org, via email at info@cklawfirm.org, or directly through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.