A lot of people talk themselves out of the E-2 visa before they ever call us, usually because of something they think is required but is not. Two myths come up more than any others: that you need a U.S. business partner, and that you need a specific college degree. Both are false. Let me bust them, and explain what the rules actually ask of you.
Myth #1: You Need a U.S. Citizen Business Partner
Do you have to have a U.S. citizen partner to apply for the E-2 visa? No. In fact, you can own 100 percent of the business yourself. You do not need an American partner, a local co-owner, or anyone else holding a piece of your company.
Here is what the rules actually require on ownership. As the E-2 investor, you must own at least 50 percent of the business at all times while you hold the E-2 visa. That is the floor. Below 50 percent, you lose the control the visa is built around.
That said, owning more than the minimum is better. If you can own 51 percent up to 100 percent, that is the stronger position, because it shows clear control over the enterprise you are coming to direct and develop. So the range that works is 51 percent to full ownership, and many of our clients own the whole thing outright. The takeaway: no U.S. partner needed, just keep your ownership at majority or above.
Myth #2: You Need a Specific Degree
Do you need a specific degree to apply for the E-2 visa? No, you do not. There is no educational requirement for investing in a business and applying for the E-2. You do not need an MBA, a business degree, or any particular diploma. People with all kinds of backgrounds, and some with no degree at all, get approved.
So if education is not the test, what is? The real requirement is that you can show, in your documents and in your interview, that you will be able to successfully direct and develop the business. That phrase, “direct and develop,” is what the consular officer is really evaluating.
The officer wants to see that you have enough relevant experience to run this business well in the United States. That experience can come from many places: prior jobs, running other companies, hands-on work in the same industry, or skills that transfer directly to what you are about to do. A chef opening a restaurant, a tradesperson starting a service company, an entrepreneur who has built businesses before, none of them needs a specific degree. They need a track record and knowledge that make their success believable.
What the Rules Actually Care About
Notice the pattern across both myths. The E-2 is not interested in checking a partnership box or a diploma box. It cares about control and capability. Control means you own at least half the business, ideally a clear majority. Capability means you can prove you have what it takes to direct and develop the company successfully.
If you have been holding back because you assumed you needed an American partner or the right degree, those obstacles are imaginary. Plenty of approved E-2 investors own their business solo and never set foot in a relevant degree program. What carried them was majority ownership and a credible ability to run the business.
Have questions about ownership, your background, or whether you qualify? Give us a call anytime. We would love to speak with you about your E-2 visa.
About the author
Angie Rupert is the founder of Rupert Law. Her firm works exclusively on E-2 and E-1 visas, helping investors and entrepreneurs from treaty countries move to (and stay in) the United States.
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