When exploring options for an E-2 visa, many investors wonder if joint ventures are allowed. The answer is a resounding yes—joint ventures can qualify for E-2 visas, provided certain conditions are met. However, the key to approval lies in proving that the individual applying for the visa has the ability to “develop and direct” the enterprise.
What Does “Develop and Direct” Mean?
The U.S. government requires E-2 visa applicants to show they have operational control of the business. This means the applicant must be actively involved in the management of the business and have authority over its operations. To meet this requirement, the investor must demonstrate one of the following:
- Ownership of at Least 50% of the Business: The applicant must own at least half of the joint venture to maintain control.
- Operational Control Through a Managerial Role: The applicant may not own 50% but holds a key position, such as CEO, managing partner, or another leadership role, giving them control over decision-making.
- Other Means Demonstrating Control: The applicant can provide evidence of operational control through corporate devices, agreements, or other mechanisms.
Failing to prove sufficient control over the business could lead to a denial, making it essential to present a clear case in your application.
Example: A Joint Venture E-2 Visa Case
Consider an investor who enters into a joint venture to open a small chain of fitness studios in the U.S. The joint venture involves a 50/50 ownership split with a U.S.-based partner. While the U.S. partner provides local market knowledge and assists with operations, the E-2 applicant oversees financial management, hiring, and strategic decisions.
In this case, the investor demonstrates their ability to “develop and direct” the business by:
- Showing they own 50% of the business.
- Providing documentation of their managerial responsibilities.
- Outlining their operational role in the business plan.
With a clear ownership structure and proof of active control, this joint venture meets the E-2 visa requirements.
How an Immigration Business Plan Supports Joint Venture Applications
A professionally crafted immigration business plan is essential when applying for an E-2 visa involving a joint venture. Here’s how it helps:
1. Explains the Joint Venture Structure
The business plan provides a detailed overview of the joint venture, including ownership percentages, roles, and responsibilities of each party. This ensures clarity and transparency, addressing the government’s requirement for control.
2. Proves Operational Control
The plan demonstrates how the E-2 applicant is in a position to develop and direct the business. This includes outlining managerial duties, decision-making authority, and day-to-day responsibilities.
3. Establishes Business Viability
A strong business plan shows that the joint venture is not only compliant with E-2 requirements but also positioned for profitability. This is particularly important for convincing immigration officials of the enterprise’s potential.
Finding the Right Joint Venture Opportunity
Not all joint ventures are created equal, and choosing the right one is critical for E-2 visa success. Our team specializes in helping prospective E-2 investors identify profitable business opportunities that are both suited for E-2 visas and positioned for long-term success.
Ready to Start Your E-2 Visa Application?
If you’re considering a joint venture as part of your E-2 visa application, let us help you succeed. We provide customized immigration business plans that clearly explain the ownership structure and highlight your operational control.
Contact us today to identify profitable business opportunities and ensure your E-2 application is backed by a professional, thorough immigration business plan.
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The information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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