Many E-2 visa holders wonder if they can operate multiple businesses while maintaining their visa status. The good news is, yes, you can manage more than one business under an E-2 visa, but there are specific rules and structures to consider. Understanding the legal framework for operating multiple businesses can help ensure that your E-2 visa remains valid and that you meet the necessary requirements.
Two Ways to Operate Multiple Businesses on an E-2 Visa
There are two primary methods to operate more than one business under the E-2 visa:
- Single Entity Approach
One option is to set up a single business entity, such as a Limited Liability Company (LLC), and operate both businesses under this entity. For example, you could manage a restaurant and a software consulting firm under the same LLC (e.g., ABC LLC). This structure allows for multiple business activities under one legal umbrella.
However, it’s essential to ensure that your business plan clearly outlines both ventures when you apply for or renew your E-2 visa. Immigration authorities need to understand how these activities coexist within your business and that both operations contribute to meeting the E-2 visa requirements.
- Separate Entity Approach
Alternatively, you can establish two distinct LLCs, one for each business. Each business must independently qualify for the E-2 visa. This means that each company must meet the necessary E-2 criteria, including the following:
- Substantial Investment: Both businesses must receive a qualifying investment.
- Ownership: You must own at least 50% of both businesses.
- U.S. Employees: Each business should employ U.S. workers to support your visa renewal and demonstrate the enterprise’s contribution to the U.S. economy.
If you pursue this route, you’ll need to file separate E-2 visa applications for each business. However, if approved, you will receive a single visa that lists both businesses, allowing you to work for either entity.
Key Considerations for E-2 Visa Holders Operating Multiple Businesses
To remain compliant with the E-2 visa requirements while running multiple businesses, you should keep a few essential factors in mind:
- Clear Business Plans: Whether using a single entity or multiple entities, your business plans must clearly define how the businesses will operate and meet E-2 criteria.
- Continued Compliance: Both businesses must consistently adhere to E-2 visa regulations, including investment, job creation, and ownership requirements.
- Renewal Preparation: When renewing your E-2 visa, ensure that all business activities are well-documented and meet the criteria for approval.
Conclusion
Operating multiple businesses on an E-2 visa is possible, but it requires careful structuring and planning. Whether you choose to run both ventures under a single LLC or establish separate entities, each business must comply with the specific E-2 visa requirements. If you’re considering operating multiple businesses under your E-2 visa, consulting with an immigration attorney can help ensure your visa remains in good standing.
For more information on how to navigate the complexities of the E-2 visa and operate multiple businesses, schedule a consultation with us today and explore our free resources.
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