One of the most overlooked, but critical, requirements for an E-2 visa is demonstrating that you have control over the business. We’ve helped many clients secure approvals after their E-2 applications were denied for this reason and sought our help, even though they had invested significant funds and were actively managing daily operations. By addressing the control issue clearly and strategically, we were able to guide them toward successful approvals. If you’re applying for an E-2 visa, understanding how to prove business control is essential to avoiding a costly and preventable refusal.
Under E2 rules, you generally must own at least 50% of the business or demonstrate operational control through a leadership position or contract. Many applicants ask, “Do I need 50% ownership for the E2 visa?” and the answer is yes unless you can clearly show that you control the management and direction of the enterprise. This is where the line between E2 visa ownership percentage rules and control gets tricky. A 50/50 split with another investor may be acceptable, but only if you can prove shared or decisive authority. If consular officers determine that a co-owner has control or that you are just a passive investor, the visa can be refused.
We’ve helped clients overcome E2 visa denials based on joint ownership, especially in 50/50 ownership scenarios. Officers often worry that neither partner has control, and that decisions require mutual agreement. To solve this, we work with clients to revise operating agreements, outline tie breaking clauses, and document leadership roles to establish that E2 control vs ownership is satisfied. Even minority shareholders can qualify for E2 if they have contractual or practical control over business decisions but this must be clearly explained in the visa application.
If your E2 visa was refused because of control issues or ownership structure, we can help you fix it. Contact us at 305-515-0613 or email info@messersmithlaw.com. We’ve helped investors from around the world clarify control and ownership structures, prepare strong applications, and win approvals. Don’t let a technicality stop your U.S. business plans. Get the legal support you need to move forward.