Does the E-2 require ownership greater than 50% of the investment?

The E-2 visa is intended for investors from countries that maintain trade treaties with the United States, allowing them to establish and manage businesses in the country. To qualify, it is essential that the investor demonstrates that the company has a real and substantial investment, as well as effective control over the business operations.

Regarding equity participation, the general rule is that the investor must exercise control of the company, which usually means that their stake should, in practice, be majority – that is, above 50%. This ownership greater than 50% facilitates proving that the investor has decisive influence over the daily routine and strategic decisions of the company.

However, there are situations where the investor may hold less than 50% ownership and still demonstrate effective control through contractual agreements or other management structures that ensure their decision-making power. In these cases, the documentation must clearly and robustly show that, although formal equity participation is not majority, the investor has the capacity to lead and direct the business operations.

It is important to emphasize that the E-2 visa application process requires strict compliance with United States immigration laws. Therefore, caution is advised regarding promises of quick results and offers that may not comply with established regulations. Always seek detailed information and proceed with due diligence to avoid mistakes and possible setbacks. Following legal guidelines and consulting immigration professionals can make all the difference in preparing consistent and appropriate documentation. Thus, you will be better equipped to face the challenges of the process, avoiding common pitfalls in marketing campaigns that guarantee results without proper legal basis.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.