E2 Visa and Business Partners

Hi everyone. Welcome back!

I’m Angie Rupert founder of Rupert Law Group. We focus exclusively on E2 visas; so no matter what treaty country you’re from, where you want to be… we can help!

Today we’re going to talk about E2 investors and the business partner. So, there are a few different ways that you can or may not have a business partner. Let’s break it down a little bit.

Do I have to have a business partner?

The answer is no. One of the things that you have to have as an investor is a 50% ownership in the business and the ability to direct and develop that business. However, I normally recommend for my clients that you own at least 51% of the business. That clearly shows control over the business and really helps your application. However, you do not need any sort of business partner – U.S. citizen or otherwise – so if you wish you could own 100% of the business.

Does my business partner need an E2 visa?

The business partner that does not need an E2 visa. So, you have decided, if you’re under this category, that you do want a business partner: maybe it’s a U.S. citizen, maybe it’s a citizen of your home country, maybe it’s a citizen of some other country in the world. Any of that is fine. Again, if you want the E2 and your business partner does not I recommend that you have at least 51% ownership in the business. So, if you choose to go this route, the question really is about…

How much do you invest? How much does the investor invest?

The answer is you need to invest at least your portion of the ownership of the business or about $100,000 US whichever is more. As far as the other business owner, if they are not getting an E2 visa and have no interest getting an E2 visa it may be that we don’t even care about their investment at all. That said, the partner’s investment should not be more than how much you invest.

You want a business partner and that other business partner also wants the E2 visa.

In that case you must each own 50% of the business. They do not have to be from your home country, they could be from another treaty country as well. However, you must each own 50%. In this case you’ll both need to qualify for the E2 visa, which means you both need to show that you can direct and develop the business and have control, you’ll both need to show that you’ve invested a substantial amount of money into the business etc.

In this case, how much do you need to invest?

I recommend that if you’re from the same treaty country you each invest a minimum of about $75,000 or so. if you are from different treaty countries you should each invest a minimum of about $100,000 or so.

So hope this helps you understand how to open an E2 business with a business partner or without a business partner, the choice is yours.

If you have any other questions about the E2 visa please reach out anytime we’d be happy to help. Contact information follows. Thanks so much everyone.