Updated September 2026
Key takeaways
- You do not need a business partner. A single treaty investor who owns and directs the business can qualify alone.
- Each E-2 investor must own at least 50% of the business. We usually recommend 51% for clear control, but a majority is not legally required.
- Two treaty nationals in a 50/50 partnership can both qualify, because each owns 50%.
- A partner from a non-treaty country can co-own the business but cannot get E-2 status through it.
- Plan on at least $100,000 of your own committed capital, even when you invest alongside a partner.
Yes, your business partner can also get an E-2 visa, as long as each of you owns at least 50% of the business and independently meets the E-2 requirements. In the video above, Angie Rupert walks through the common partner structures. Here is how ownership, nationality, and control work.
Do I have to have a business partner?
No. A single treaty investor who owns and directs the business can qualify alone. As an E-2 investor you need at least 50% ownership of the business and the ability to direct and develop it. We normally recommend that clients own at least 51%, because a clear majority shows control over the business and strengthens the application, but a majority is not a legal requirement.
How much of the business do I need to own?
At least 50%. Each person seeking E-2 status as an investor must own at least 50% of the enterprise, or otherwise hold operational control through a managerial position or another corporate device. Ownership and control are related but separate: owning 50% or more is the usual way to show you can develop and direct the business.
Can my business partner also get an E-2 visa?
Yes, if each of you owns at least 50%. In practice, that means a 50/50 partnership between two treaty nationals, where each partner owns exactly half and each can qualify for E-2 status. Each partner files their own application, meets the requirements independently, and must show their own committed investment.
Does my business partner need an E-2 visa?
No. A partner who does not need to live and work in the United States, for example a US citizen, a green card holder, or a silent investor who stays abroad, can own part of the business without holding any visa. Only the person applying for E-2 status must meet the E-2 requirements.
Can partners of different nationalities both hold E-2 status?
The business takes on the nationality of the owners who hold at least 50% of it. A partner from a non-treaty country can co-own the business, but cannot get E-2 status through it. For you to qualify, at least 50% of the business must be owned by nationals of your treaty country. Two partners from two different treaty countries in a 50/50 split raise more complex questions, so talk to an attorney before you set up the ownership.
How much do I need to invest with a partner?
Plan on at least $100,000 of your own committed capital. There is no amount set by statute, but Rupert Law advises a minimum of around $100,000 because E-2 cases below that level are rarely approved. The investment must also be substantial in proportion to the cost of the business, at risk, and lawfully sourced, and it is measured by each investor’s own committed capital, not the partnership’s combined total.
E-2 business partner FAQ
Can two people get an E-2 visa for the same business?
Yes, if each owns at least 50% and independently meets the requirements. A 50/50 partnership between two treaty nationals is the usual structure.
Does my business partner need to be from the same country as me?
No. Only the person applying for E-2 must be a treaty-country national and meet the ownership and control tests. At least 50% of the business must be owned by nationals of that person’s treaty country.
What percentage of the business must an E-2 investor own?
At least 50%. Many investors prefer a majority for clearer control, though a majority is not legally required.
Can a non-treaty-country partner co-own an E-2 business?
Yes, but they cannot get E-2 status through it, and at least 50% must be owned by nationals of the relevant treaty country.
Is there a minimum investment amount with a partner?
Plan on at least $100,000 of your own committed capital (the firm’s practical minimum). It must also be substantial and proportional, measured by each investor’s committed capital.
Do I need a business partner to qualify?
No. A single treaty investor who owns and directs the business can qualify alone.
Learn more in our guides to E-2 visa requirements, the E-2 visa for Canadians, and E-1 treaty trader visa requirements, or browse our E-2 visa FAQs. With a business partner or without one, the choice is yours. If you have questions, contact us anytime.
Contact Us
Are you ready to take control of your career and your life? Fill out this form and let’s do this!
"*" indicates required fields
Rupert Law. Angie Rupert is located in Los Angeles County.
