Can I set up a U.S. subsidiary of a foreign company for the E-2?

Yes. It is possible to structure an E-2 visa through a U.S. subsidiary of a foreign company, provided that subsidiary operates as a real, independent business in the United States and not merely as an administrative extension of the parent company.

The E-2 is designed for investors from countries with an investment treaty with the United States who intend to develop and direct an enterprise. When the vehicle is a subsidiary, the analysis focuses on the strength and autonomy of that local operation.

• The subsidiary must have its own capital, effectively invested in the U.S. business.
• The investment must be substantial and at risk in a real commercial activity.
• The business must be capable of operating and generating local economic activity.
• The investor must play an active role in management and decision-making.

The corporate structure must comply with U.S. immigration rules, and each case is evaluated individually. Before setting up the operation, it is worth consulting the updated USCIS guidelines and reviewing the strategy with an immigration specialist to avoid pitfalls and promises of quick results.

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.