If you are in the United States on an E2 visa or planning to apply, you might wonder: can you sell 50% of your business and still qualify for an E2 visa? The good news is that you can, but there are important rules you must follow to stay compliant.
Understanding E2 Visa Ownership Requirements
The E2 visa is for nationals of treaty countries who invest a substantial amount of capital in a U.S. business. One key requirement is that the treaty national must own at least 50% of the business or keep operational control through a managerial role or other legal arrangement.
Selling Half of Your Business
If you originally owned 100% of your E2 business and decide to sell half of it, you can still qualify for E2 status as long as you continue to hold at least 50% ownership.
Who Can Buy the Other 50%?
The remaining half of the business can be sold to anyone. The buyer could be a U.S. citizen, a person from a non-treaty country, or another treaty national. The E2 visa requirement focuses on making sure nationals of the treaty country maintain the minimum required share of ownership.
Collective Ownership Rules
If you co-own the business with other nationals from your treaty country, your combined ownership must always be at least 50% to keep E2 eligibility.
Do You Need to Notify the Consulate?
Selling part of your business does not automatically disqualify you from the E2 visa. However, some U.S. consulates may treat this as a material change to your business and may require you to notify them.
When Notification May Be Required
Notification is often needed if you are applying for a visa renewal, changing the business structure, or making other major changes to your business plan or daily operations. By informing the consulate and providing clear documentation, you help prevent delays or issues in future applications.
How to Stay Compliant When Selling Part of Your E2 Business
It is essential to keep at least 50% ownership to protect your E2 status. Make sure you fully document the sale, the updated ownership structure, and proof that you still control the direction and management of the business.
Get Legal Guidance
Before making any sale, consult an experienced immigration attorney. Professional guidance will help you handle all paperwork correctly and determine whether you should notify the consulate.
Final Thoughts: You Can Sell, but Follow the Rules
If you are asking whether you can sell 50% of your business and still qualify for an E2 visa, the answer is yes, as long as you maintain at least 50% ownership or control. The E2 visa depends on treaty national ownership, not full ownership. With the right planning, clear documentation, and legal advice, you can sell part of your business and keep your visa secure.
Are you thinking of selling part of your E2 business? Schedule a consultation with our trusted immigration attorneys today to protect your visa status and keep your business running smoothly.
