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Can Two Investors of Different Nationalities Secure E-2 Visas Under the Same Company?

Can Two Investors of Different Nationalities Secure E-2 Visas Under the Same Company?

Investing in the United States can be a lucrative endeavor, and the E-2 visa offers a unique pathway for foreign entrepreneurs to establish and run a business in the country. While it's common for investors from the same nationality to pursue E-2 visas, the possibility of two investors from different countries applying for the same company is a lesser-known but feasible option. In this blog, we'll explore the process and requirements for such a scenario, shedding light on how this can be a strategic move for global entrepreneurs.

Understanding the E-2 Visa

The E-2 visa is designed for nationals of treaty countries who wish to invest a substantial amount of capital in a U.S. enterprise. This visa allows investors, their spouses, and unmarried children under 21 to reside in the United States for the purpose of managing and developing the investment. Typically, investors from the same country opt for this visa, but it's indeed possible for individuals from different treaty countries to collaborate on a single E-2 visa application.

Requirements for Two Investors of Different Nationalities

  1. Treaty Country Eligibility: Both investors must be citizens of countries that have a valid treaty of commerce and navigation with the United States. It's crucial to check the official list of treaty countries to ensure eligibility.

  2. Substantial Investment: The combined investment from both parties must be substantial, demonstrating a commitment to the success and growth of the U.S. business. The investment should be enough to ensure the enterprise's viability and generate employment opportunities.

  3. Ownership and Control: Each investor should own 50% of the E-2 enterprise. Additionally, they must demonstrate that they have the ability to direct and develop the business actively.

  4. Business Plan: A comprehensive business plan outlining the nature of the enterprise, its operations, and the potential for job creation is a crucial component of the E-2 visa application. This plan should clearly illustrate the role that each investor will play in the E-2 enterprise.

  5. Visa Application Process: The E-2 visa application involves submitting the necessary forms, supporting documentation, and attending a visa interview. Both investors should be prepared to present a compelling case for their collaboration and the positive impact it will have on the U.S. economy.

Benefits of Collaborative E-2 Visa Applications

  1. Diversification of Resources: Investors from different countries bring diverse perspectives, skills, and networks to the business, potentially enhancing its chances of success.

  2. Broader Market Access: With investors from different nationalities, the business may have better access to international markets, creating opportunities for global expansion.

  3. Risk Mitigation: Sharing the responsibility and financial commitment between investors can help distribute risks, making the business more resilient to challenges.

  4. Hiring foreign workers: An E-2 business owned and controlled by two persons who are nationals of two different E2 treaty countries may hire E-2 workers from either country.

While the concept of two investors from different nationalities applying for E-2 visas may not be standard, it is a viable option that has been successfully pursued by numerous entrepreneurs. By meeting the eligibility criteria and presenting a strong case for their collaboration, investors can unlock the potential for a thriving U.S. business venture. This strategic approach not only broadens the scope of opportunities but also contributes to the global diversity of the entrepreneurial landscape.

If you're intrigued by the prospect of two investors from different nationalities applying for an E-2 visa and embarking on a collaborative business venture in the United States, it's essential to navigate the intricacies of immigration law with precision. To ensure a seamless process, we strongly encourage you to reach out to an experienced immigration attorney today. Their expertise will guide you through the application process, helping you understand the specific requirements and navigate potential challenges. When the time comes to draft your immigration business plan, consider entrusting us with this critical task. We've proudly assisted hundreds of foreign investors in achieving their E-2 visa goals by crafting compelling immigration business plans and other essential deliverables. Contact us to turn your collaborative business vision into a successful reality in the land of opportunities.

The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.

Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.

Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.

At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.

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