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Can an e2 visa investor be a silent partner?

The E-2 Visa is a non-immigrant visa that allows foreign nationals to invest in and manage a business in the United States. While the E-2 Visa requires a substantial investment and active management, it does not necessarily exclude the possibility of being a silent partner. However, there are certain factors to consider:

  1. Active management requirement: To qualify for the E-2 Visa, the investor must have a controlling stake in the business and play an active role in its management. While "active" management does not necessarily mean day-to-day involvement, it generally requires a level of participation and decision-making in the business's operations.

  2. Substantial investment: The E-2 Visa requires a substantial investment that is sufficient to ensure the successful operation of the business. The specific investment amount is not defined but should be proportional to the business's needs and industry standards. The investment should be at risk and dedicated to the business's operations.

  3. Demonstrating control and development: As an E-2 Visa applicant, it's crucial to demonstrate that you have control over the business's operations and the ability to develop and direct its activities. Being a silent partner, with minimal involvement and no decision-making authority, may not meet the requirements for the E-2 Visa.

  4. Investment and employment impact: The E-2 Visa is designed to stimulate the U.S. economy by creating jobs for U.S. workers. As a silent partner, it may be challenging to demonstrate the job creation aspect of the visa, as the investor's involvement in the business is expected to contribute to employment opportunities.

It's important to consult with an immigration attorney who specializes in the E-2 Visa to assess your specific situation and determine if being a silent partner would be compatible with the visa requirements. They can provide guidance based on your investment structure, business plans, and other relevant factors.

Remember, the information provided here is based on general knowledge up until September 2021, and it's essential to verify the most up-to-date requirements from official sources such as the U.S. Citizenship and Immigration Services (USCIS) website or by consulting with an immigration attorney.

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