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Can I have an E-2 if my company is registered in Delaware?

Having a company registered in Delaware does not prevent the E-2 visa, but it is crucial to prove substantial investment and real operation for approval.

Written by

Victoria Harper

Editor-in-Chief

Updated on January 17, 2026
2 min read
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The E-2 visa is one of the options that some foreign investors use to conduct business in the United States. It requires that the investor be a citizen of a country that maintains a treaty with the U.S., that they make a substantial investment, and that the company is a real and active commercial operation.

Regarding your question, having the company registered in Delaware does not, in itself, prevent obtaining the E-2 visa. Delaware is one of the most popular states for incorporating companies due to its flexible and business-friendly corporate legislation.

The key to a successful E-2 visa application is demonstrating that the investment in the company is substantial and that the business is operating in a concrete and ongoing manner, regardless of the state of registration.

However, it is essential to pay attention to all the legal requirements of the E-2 visa so that your application is assessed favorably. This includes proving that the investment has been committed and is at business risk, and that the company has the potential to generate significant income beyond the mere sustenance of the investor.

Every detail counts, and complying with United States immigration laws is essential. Therefore, it is highly recommended that you seek guidance from qualified and reliable immigration specialists. This way, you minimize the risk of falling into incorrect information or offers that promise guaranteed results without proper analysis of the criteria required by law.

Following immigration laws and relying on official sources and specialized professionals is the best path for a complete and appropriate evaluation of your case.

Learn more about E-2

Type
Non-immigrant
Initial validity
2-5 years
Extension
Unlimited (2 years each)
Processing
1-4 months
All about E-2

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

Can I have an E-2 if my company is registered in Delaware?

Having a company registered in Delaware does not prevent the E-2 visa, but it is crucial to prove substantial investment and real operation for approval.

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