Jared and Monica are citizens of Australia and New Zealand. Monica is also a US Lawful Permanent Resident (USLPR). Jared is a world renown sailboat designer and builder. They decide to open a sailboat design and manufacturing company in San Diego. Monica owns 75% of the company but knows little about sailboat design and does not intend to be involved in the management of the business. Jared owns 25% of the company and the partnership agreement gives him total operational control of the company. Jared wishes to hire several colleagues he has been working with for most of his career all of whom are Australian citizens. Since Monica is a USLPR she will not need an E2 visa, and her ownership will be treated as that of a USLPR. Additionally, since Jared does not meet the 50% ownership rule, he must apply under the “operational control” rule. As a result, Australian citizens will not be eligible for an E2 visa as essential employees which rely on satisfaction of the 50% rule. Furthermore, E2 visas for Australian citizens have a 48-month validity period and require a $3,464 reciprocity fee per applicant while New Zealand citizens have a 60-month validity period and $0 reciprocity fee. Therefore, under these facts it makes the most sense for Jared to apply for an E2 visa as a New Zealand citizen.
The rules and regulations pertaining to E visas are complicated and it is imperative to have the help of someone who has the experience and understanding necessary to navigate the business planning and application process. Lawsorio Consulting has the unique advantage of having directly worked on thousands of applications for the US Department of State. You can benefit from that unique set of skills and experience. Contact us at [email protected] to schedule a consultation.
