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Can 2 investors get an E-2 Visa for the same Company? Can we get 2 E-2 visas?

By September 2, 2020May 14th, 2021E-2 Visa, Immigration, Investor Visas

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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This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

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