Running a Foreign Business While on an E-2 Visa: What’s Allowed and What’s Not
If you already have a successful business in your home country and are thinking about expanding to the United States through the E-2 Treaty Investor Visa, you’re likely wondering if you can continue managing your overseas operations or even keep a job back home while building your business in the U.S.
The short answer is that you may continue to own a foreign business, but you generally may not remain employed in a foreign job while in the United States on E-2 status. The E-2 visa authorizes you to work only for the specific U.S. enterprise that qualified for your visa. Your activities in the United States must be directly tied to developing and directing that U.S. business.
Under the E-2 visa, you are only allowed to engage in work that is directly tied to the U.S. business that you’ve invested in. The U.S. government determines the terms of your E-2 visa when you are admitted into the U.S. or when your status is adjusted. This means that while you can own a foreign business, any work you perform while in the United States must be limited to activities for the U.S. E-2 enterprise that qualified you for the visa.
If your U.S. E-2 business and your foreign business are part of the same corporate family (for example, your foreign company is the parent and your U.S. operation is a subsidiary, or vice versa), there may be provisions that allow you to work across both entities. However, this requires that the parent-subsidiary relationship and both entities’ qualification as treaty organizations were established and documented when your E-2 status was initially approved. Additionally, any work performed must require executive, supervisory, or essential skills consistent with your original E-2 approval terms and must be carried out on behalf of the qualifying U.S. enterprise.
Conclusion
In short, while ownership of a foreign business is permitted, active employment outside your U.S. E-2 enterprise is generally prohibited unless the entities are part of a properly documented corporate structure. When in doubt, consult with an immigration attorney to ensure compliance with E-2 visa requirements.
Sources:
- USCIS. https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
- Code of Federal Regulations. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-214/subpart-A/section-214.2
- Foreign Affairs Manual. https://fam.state.gov/FAM/09FAM/09FAM040209.html