An uncommon question about E-2 visas is:
“I want to start a business for an E-2 visa since I’m from a qualifying country. I have a U.S. friend who owns a company. Can I set up the business so that I am the majority owner while my friend’s company is a minority owner? Would that work?”
The short answer is yes—joint ventures can qualify for an E-2 visa. However, there are specific requirements.
To qualify, you must prove ownership and control in your E-2 visa petition. At least 50% of the business must be owned by a citizen of a treaty country. For example, if you are a Canadian citizen and want to partner with a U.S. company, you must show that you own at least 50% of the business. This means you and the U.S. company can be equal partners, or your Canadian company can be the majority owner.
That said, your joint venture should not have more than two partners. When reviewing E-2 visa applications, USCIS or the U.S. embassy/consulate must determine who controls and directs the business. If there are more than two equal partners, no single owner has enough control based on ownership.
Therefore, if you plan to structure your business as a joint venture, make sure the treaty country citizen holds at least 50% controlling interest. This ensures that your business meets the E-2 visa requirements.
Last Updated on February 16, 2025 by Ernest J. Edwards
