An E-2 visa can be a great visa option for an investor who wants to buy or start a business.  You can find out more about the E-2 visa requirements by clicking here.  In many cases, only one investor exists, but this is not always the case.  Recently, a prospective client asked us the following:  Can the E-2 Visa application be shared between 2 investors?

The short answer is yes.  That is, 2 people can apply for an E-2 visa for the same business as two investors.

A few things to keep in mind:

  • Each investor must own 50% of the company
  • An E-2 visa is not available for passive investors, so each investor must have a role where they are directing and developing the operations
  • The investors do not have to be from the same country, but must both be from a treaty country
  • The investors do not have to apply at the same time, but both must make a substantial investment. For example, an investor who invested just “sweat” equity would not be eligible even if the other investor invested a substantial amount. In this scenario, the person who did not invest money, may still be eligible for an E-2 employee visa if he/she is the same nationality as the other investor
  • Investors can get E-2 visas for spouses and children under 21

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