Can we apply for an E-2 Investor Visa for a business when we already own another business?
4 attorney answers
As a practical matter, once you obtain E-2 visa status it doesn't make any difference how many additional businesses you start owning/managing after that. There is nothing in the law that prohibits you, once admitted into E-2 status from actively managing and operating other businesses than the one you were initially given the E-2 Treaty Investor visa for. When it comes time to extend/renew your E-2, either at the consulate or USCIS, you will have ample opportunity to also mention/show paperwork for your other, additional investment business(s) and the consul will be happy to add two (or 3) business names to your new E-2 visa - that's how my clients have been doing it for years.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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That all depends how the original E-2 was prepared. If it was prepared without any expansion in mind and without considering the future business, it would be violating your status and you should do another E-2 or an amended E-2.
The answer given here is not complete and based only on the information given in the question. The answer is general in nature as a full consultation would be required in order to give a complete consultation. The answer should not be relied upon as the only possible solution.
Your principal E-2 status only allows you to work in your E-2 business. You can passively own another business. This is general advice, so be sure to have a discussion with an immigration attorney specializing in E-2 status/visas.
Attorney Khurgel's comments on Avvo are general information, and do not constitute an attorney-client relationship.
Having an ownership in the second small business will not jeopardize your E2 visa application. However you will not be able actively participate in its business activity and make executive decision to operate the company. You might need to hire manager to run second business since you will not have employment authorization to work for the second business. However, you can act as a passive investor who receives dividends every year in the form of return on investment. Once E2 visa is granted based on the investment in the first business you will receive an employment authorization to work only for the first business as a director, manager, CEO.