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Can you have two E-2 companies at the same time?

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Provided you meet the requirements for each company, it is possible to have an E-2 visa approved for an investor to direct and develop more than one company at the same time.

For example, suppose you are an owner-investor already working in the United States on one business on an E-2 visa and come across a different business opportunity in the U.S. You can make the substantial investment on this new company, set up the entity, establish the business infrastructure and do other preparatory steps (please note you cannot perform actual “work” for that new business before receiving the government’s authorization through a new E-2 visa), and apply for an E-2 visa for that company, if you wish to work on directing and developing that enterprise in addition to your existing business.

It is important to reiterate that an E-2 investor’s work authorization is limited to the “approved” E-2 business. Therefore, to avoid a finding of “unauthorized work,” investors should be careful to obtain approval from the government for the new business in addition to the existing one, through a new E-2 visa application, particularly if the new business is significantly different from the initial one. For a more detailed analysis, please see our previous blog post here.

Provided you meet the eligibility requirements for both businesses, you would be able to apply and obtain an E-2 visa which allows you to work on directing and developing the two companies. Best to be careful, though, to make sure to obtain the government’s approval before doing so.

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