9 FAM 41.51 Dual Nationality of investors

[Campunai]

Hi, let see if someone can help me with this:

I am 50% owner of a Florida LLC (I am a Spanish national). My partener, German National owns the other 50% and has already and E2 Visa. I was told, that as he applied first for the Visa and gave to the LLC a German "nationality" I was not able to apply for the same E2 Visa in the US consulate in Madrid. In the E2 Manual of the Dep. of Foreign Affairs, in point N3.3 says first that 50-50 equally owned companies, when the origin of both owner is not the same that a choice must be made by owners as to which nationality shall be used, and all employees must qualifying for the E2 must possess the nationality of this chosen country. But at the end of the parraghap says that "When company is equally owned and controlled by nationals of two different treaty countries, employees or either nationality may obtain E visas to work for the company.

Soooooo, do you think I qualify to apply for the E2 in the US consulate in Madrid?

 

[thevisaexpert]

You must not only 50% or more but you must have controlling interest as well. I'm not sure how you would prove this without somehow jeopardizing your partner's immigration status. You both cannot have controlling interest! I've never seen a company be given the E-2 classification from two separate countries. Why don't you have the company sponsor you for an H-1B, assuming you qualify?