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LONDON · PARTNERSHIP DECISIONS

Review a co-owner agreement before treating the share split as control

USAvisa field guide · 2 minute readReviewed 7 September 2026
THE SHORT ANSWER

An E-2 partnership review needs the real decision-making arrangement, nationality and funding. A numerical ownership split does not describe every right or restriction affecting the proposed investor.

01

Read the decision rules

Identify voting, management and deadlock provisions, including side agreements. Ask the transaction adviser to explain how they operate. The immigration review should not rely on an ownership summary that omits material restrictions.

02

Trace nationality and contributions

The enterprise generally needs at least 50% ownership by nationals of the relevant treaty country, subject to the applicable nationality rules. Keep each contribution and its lawful funding path accurate. Do not attribute the partner's money to the applicant by default.

03

Assess the enterprise itself

The capital must meet the substantial at-risk investment requirements, with a real non-marginal enterprise the applicant will develop and direct. There is no universal E-2 minimum dollar amount. Review supported operating assumptions as well as the agreement. The investor must intend to depart when E status ends. Review loan security: debt secured by the enterprise’s assets is excluded from qualifying capital, while other borrowing requires its own assessment.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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