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APPLICATION ANSWERS · E-2 FIELD GUIDE

Does equal ownership automatically establish that both partners qualify for E-2?

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THE DIRECT ANSWER

No. Assess each applicant and the enterprise under the actual nationality, investment and development-and-direction requirements. Equal shares do not establish every condition.

Identify the applicant’s real authority

Read decision rights and duties alongside ownership. The enterprise generally needs at least 50% treaty-country ownership, but meeting that nationality threshold does not by itself establish the applicant’s ability to develop and direct it. Lawful substantial capital committed at risk and a real nonmarginal enterprise also need evidence. Do not infer either automatic approval or automatic refusal solely from a 50–50 split.

A first review should produce a short eligibility map that marks facts already proved, facts needing a primary record, and facts that cannot be solved by a job title. Trace lawful funds into an irrevocable, at-risk commercial commitment, then test whether the real enterprise is nonmarginal and the applicant will develop and direct it. A bank balance or a future intention does not settle those questions. Hypothetical example: a maker of custom fountain pens has treaty nationality but lets a non-treaty partner control all daily purchasing.

The decision is to resolve any missing eligibility fact before presenting the role as settled.