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Can an E-2 visa be transferred to another company?

September 26, 2017

My partner and I both have 50% of the ownership and are working under E2 treaty investor visa.

We want to sell the company to an U.S citizen friend and he will still use the same legal company name and run the business on his own. I want my own business, with a new name, but very similar business model.

Is that possible that I can register a new company and transfer my current E2 visa to the new company that is owned solely by me?

The E-1/E-2 Visa

The E-1 visa allows a national of a country with which the United States maintains a treaty of commerce and navigation to be admitted to the United States solely to engage in international trade on his or her own behalf.

The E-2 visa allows a national of a country with which the United States maintains a treaty of commerce and navigation to be admitted to the United States when investing a substantial amount of capital in a U.S. business.

It can be transferred

USCIS must approve any substantive change in the terms or conditions of E-1 or E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event that affects the treaty trader, investor, or employee’s previously approved relationship with the organization. The treaty trader, investor, or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty trader or affected employee. The petition must include evidence to show that the treaty trader, investor, or affected employee continues to qualify for E-1 or E-2 classification.

Consult an Attorney

Please contact a lawyer at Litwin & Smith for a consultation about your E visa, labor certification, or other immigration visa needs. Please visit our Immigration Articles page for a full listing of detailed articles regarding immigration and naturalization law.

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