Can an E-2 business have a dual nationality?

Yes, if an E-2 company is owned 50% each by two investors who are nationals of two different treaty countries, the E-2 company will have “dual nationality” such that it will be able to bring in E-2 employees of either partner’s nationality.

To consider an example, let’s suppose an enterprise has been set up in the US, owned 50% by a citizen of Denmark, and 50% by a citizen of Singapore. Both Denmark and Singapore are E-2 treaty countries. The Danish partner and the Singaporean partner can each apply for an E-2 visa in their respective consulates to come to the US to develop and direct the business.

Furthermore, in this specific situation the E2 business is considered to have “dual nationality,” which means it will be possible to apply for E2 employee visas for managers, executives or specialists that either have Danish nationality or Singaporean nationality.

It is helpful to note that it is possible to apply for an E-2 visa where the applicant, a treaty country national, has 50% ownership and the other 50% is owned by a U.S. citizen or permanent resident. It is also possible for the other 50% to be owned by a national of a country that is not on the E-2 treaty country list, but in this case only you (the treaty country national) would be able to apply for an E-2 visa, and the enterprise will have your nationality such that it is only able to bring in E-2 employees with the same nationality as you.