Does the E-2 visa require the investor to control the business?

The central requirement of the E-2 is not a magic ownership percentage, but rather that the investor develop and direct the enterprise. In practice, immigration authorities want to see that the applicant genuinely controls the business in which they invest, rather than merely placing funds in a passive capacity.

This control is typically demonstrated in two main ways:

• Qualifying ownership in the business that places the investor in a controlling position;
• Operational control, for example through an executive role or another arrangement that ensures command of operations.

Because the exact ownership threshold and the method of demonstrating control are criteria that can change and vary with the business structure, the safest course is to confirm current requirements with USCIS and the Department of State and to structure the ownership interest with the help of a qualified professional before investing.

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.