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by hailmac 957 days ago
Hope I'm not too late, thank you for doing this AMA! I would love to hear your thoughts on the 50% ownership requirement of the E-2 visa, which I imagine can be restrictive when raising capital or splitting among co-founders. Can you outline generally how you advise your clients on this? For example, do you go the route of finding investors of the same nationality as the E-2 holder?

A final larger question would be does the requirement apply for the whole duration of the visa? If so, how is this tracked?

1 comments

Here, success can be an enemy of the E-2 visa if the company receives additional funding that dilutes the ownership interest below 50%. The E-2 is a great options for many founders/companies but at the outset, a contingency immigration plan should be put in place to deal with the loss of the E-2 (such as the O-1 or green card).