Can E-2 Visa Holders Work for Another Company or Transfer Their Visa?

The E-2 investor visa allows foreign nationals from treaty countries to develop and direct investment enterprises in the United States. While it provides significant flexibility for business ownership and active investment, it is not designed for easy transfer between individuals or companies. Many investors assume they can “transfer” an E-2 visa to a new owner, buyer, or business partner. In reality, the E-2 visa is tied to a specific person and a specific enterprise, both of which must meet strict eligibility criteria under U.S. immigration law.

Changing who owns the business, how the business is structured, or what role the investor plays in daily operations can trigger new legal requirements, including the need to file an amendment to the E-2 petition or start a new application altogether. Failure to address these issues proactively may result in unauthorized employment, loss of nonimmigrant status, or denial at the consular stage during a future renewal. This article explores what constitutes a transfer under current USCIS rules, what types of changes require action, and how Pollak PLLC helps treaty investors remain compliant during business transitions.

Strategic Guidance for Business Transitions, Backed by Legal Depth

Pollak PLLC works with E-2 investors throughout the lifecycle of their businesses. From initial planning to expansion, succession, or sale, we provide immigration guidance that keeps your status secure and your business plans intact.

Deep Understanding of Immigration and Business Strategy

Our team has extensive experience advising entrepreneurs and executives on both immigration and business law. We understand how changes in ownership, equity structure, or day-to-day operations affect visa eligibility. We also help clients navigate complex regulatory matters involving Form I-129, DS-160 filings, and consular processing.

Tailored Solutions for E-2 Compliance During Corporate Change

Whether you are selling your business, restructuring ownership, or acquiring new units, we tailor our advice to your business model, treaty country, and goals. Our firm ensures that your investment enterprise continues to meet the E-2 substantial investment threshold and complies with all U.S. visa transfer rules.

Legal Clarity on Treaty Eligibility and Documentation

Treaty investor status requires proof of nationality, legal business structure, and active investor control. Pollak PLLC reviews every corporate document—including partnership agreements, operating agreements, and transfer contracts—to confirm compliance with E-2 requirements and U.S. immigration compliance protocols.

Personalized Attention From Managing Attorney Karen-Lee Pollak

Managing Attorney Karen-Lee Pollak is directly involved in each client’s transition strategy. Whether advising a family-owned enterprise or a franchise group with multiple entities, she ensures every immigration issue is addressed with precision and care.

What Does It Really Mean to “Transfer” an E-2 Visa?

Unlike some nonimmigrant visa types, the E-2 is inherently linked to the individual investor and the specific business they control. When people talk about “transferring” an E-2 visa, they often mean changing who owns the business or who is named as the investor. That concept can be misleading.

Misconceptions About E-2 Portability

Many assume that if a business is sold, the E-2 visa can simply be passed to the new owner. In fact, each investor must qualify independently. The new investor must come from an E-2 treaty country, invest a substantial amount of capital, and submit a new visa application proving their eligibility.

What Remains Valid When Business Ownership Changes

In some cases, if the original investor retains at least 50 percent ownership and continues to direct the business, partial changes may not disrupt status. However, USCIS and the U.S. consulate may require updated documentation to show that the business-specific visa status remains valid under new circumstances.

Circumstances Requiring a New Visa Filing

If the original investor sells all ownership shares, steps back from operational control, or restructures the business in a way that alters its core identity, a new E-2 visa petition is generally required. This is also true when a new investor seeks to “take over” a qualifying enterprise.

Selling Your E-2 Business: What Happens to Your Status?

When E-2 investors sell all or part of their interest in the business, their visa status may be affected. The outcome depends on how much control is retained, how the business is restructured, and how quickly a new immigration strategy is implemented.

Full Business Sale and Visa Termination

If you sell the entire business and cease involvement in daily operations, your E-2 status typically ends. You are no longer authorized to work in the United States and must either depart, file for a change of status, or pursue a new visa based on another qualifying enterprise.

Partial Equity Sale With Retained Ownership

If you sell part of your equity but maintain at least 50 percent ownership and continue directing the enterprise, your E-2 status may continue. However, documentation must reflect that the treaty investor remains in control and continues to meet the substantial investment requirement.

Investing Proceeds in a New Qualifying Enterprise

Some investors use proceeds from the sale to fund a new venture. If the new business meets E-2 eligibility standards, you may file an amendment or submit a new Form I-129 or DS-160, depending on whether you are applying from within the U.S. or through consular processing.

Remaining in the U.S. Under a New Visa Classification

If you no longer wish to operate a business but want to remain in the U.S., you may apply for a change of status to another nonimmigrant visa, such as H-1B or F-1. Pollak PLLC helps clients explore alternatives that match their personal and professional goals.

Can Someone Else Take Over the E-2 Role?

In some cases, clients want to know whether a business partner, family member, or buyer can assume their E-2 status. The answer depends on nationality, ownership, and operational involvement.

Nationality and Treaty Country Alignment

The new investor must be a national of the same E-2 treaty country. USCIS and the U.S. consulate will require documentation proving nationality and treaty eligibility before considering any visa application for a successor investor.

Proving New Investment and Operational Control

To qualify as an E-2 treaty investor, the new applicant must show they have made a substantial investment and that they are actively directing the enterprise. A passive owner or silent partner will not qualify.

Filing a New Application for the Successor Investor

A new visa petition is almost always required when a new person assumes control of an E-2 business. The new applicant must file either an amendment to the E-2 petition (if applying from within the U.S.) or complete a new DS-160 and attend a visa interview at a U.S. consulate abroad.

Timing the Transition Between Visa Holders

Pollak PLLC helps plan transitions to avoid any interruption in business operations or legal status. We coordinate timing between the sale agreement and the new investor’s authorized employment date to avoid unauthorized employment or gaps in immigration coverage.

Risks if Operations Are Disrupted During the Change

If the business becomes inactive or lacks operational oversight during the transition, USCIS or consular officials may find that it no longer qualifies as a valid investment enterprise. This can result in visa denial or revocation.

Operational Role Changes That Can Jeopardize Your Visa

Even when ownership stays the same, changes to your role within the business may affect visa compliance. The E-2 requires that the treaty investor actively “develop and direct” the enterprise. Shifting into a passive or advisory role can undermine your eligibility.

What “Directing and Developing” Actually Means

The investor must be involved in decision-making, growth strategy, and oversight of business operations. You do not need to be on-site daily, but you must maintain a leadership role with meaningful control.

Reducing Day-to-Day Involvement Too Soon

Some investors step back too early—delegating operations before securing permanent residency or transitioning to another visa. This can be seen as a loss of investor control and may prompt a status review or rejection of future extensions.

When a Shift Triggers Consular Review

During your next visa renewal at a U.S. consulate, the officer may ask whether your role has changed since your last approval. If you are no longer directly managing the business, you may be found ineligible to renew your E-2 visa.

Structuring Internal Transitions Without Risking Denial

Pollak PLLC helps businesses draft succession plans, partnership agreements, and internal transitions that preserve compliance with USCIS standards. Our legal team reviews all documents to ensure that your role and authority remain consistent with E-2 eligibility.

Franchises, Multi-Unit Expansions, and Ownership Transfers

Franchise owners and investors with multiple locations must be especially careful when expanding or transferring ownership across units. USCIS evaluates whether the business-specific visa status continues to apply under the new structure.

Buying or Selling Franchise Locations

Each franchise unit must be evaluated separately for treaty eligibility, investment amount, and operational control. Selling or acquiring units may require updated documentation or new filings, especially if ownership percentages shift significantly.

Transferring Units Between Affiliated Companies

Moving assets between multiple entities owned by the investor can create legal complexity. USCIS expects the enterprise listed on the original petition to remain active and valid. A major structural change may qualify as a material change requiring an amendment.

Adjusting Ownership Percentages

Even minor shifts in ownership can affect control and eligibility. If you fall below the 50 percent ownership threshold, your E-2 status may no longer be valid. Our firm monitors equity structures and ensures investor control remains intact.

Maintaining a Clear Business Trail for USCIS

Franchise groups and multi-entity investors must document ownership, operations, and investment flow clearly. Pollak PLLC helps clients prepare the records needed to prove continuous compliance with E-2 regulations during audits or consular reviews.

Reporting Changes to Consulates or CBP

Changes in business structure, ownership, or control should be reported to the U.S. consulate at your next visa interview and to Customs and Border Protection (CBP) upon reentry. We help prepare update letters, summaries, and other required materials.

Do You Need a New Petition or Just an Amendment?

Understanding when to file a new E-2 petition versus an amendment is critical to maintaining status. The difference depends on the nature of the business change and its impact on investor eligibility.

Defining “Material Change” Under E-2 Regulations

A material change is any substantial alteration to the terms of the original visa approval. This includes ownership shifts, business model changes, or a move to an entirely new industry. USCIS and consular officers have broad discretion in evaluating materiality.

When an Amendment May Be Sufficient

If the core enterprise remains the same but key details change—such as the investor’s role or an address update—an amendment to the E-2 petition may be appropriate. Our firm determines the correct filing type and prepares the full submission.

Triggers for Full Re-Adjudication

Significant structural changes may require a completely new E-2 application. This includes changes in controlling interest, a business acquisition under E-2 rules, or transferring the business to another legal entity.

Compliance Risks of Unreported Changes

Failing to notify USCIS or a U.S. consulate of a material change can result in status revocation or denial of a future visa. Even if the business remains profitable, unreported changes may be considered unauthorized employment or misrepresentation.

Planning Transitions to Avoid Disruptions

We build detailed timelines to align ownership transfers, filings, and visa renewals. This reduces downtime, avoids travel delays, and supports uninterrupted operations.

Legal Review of All Corporate Restructuring Documents

Pollak PLLC provides legal review of buy-sell agreements, corporate reorganizations, and franchise development plans. We ensure that immigration and business objectives remain aligned before any changes take effect.

Consult a Business-Focused E-2 Visa Attorney Before You Make a Move

Business transitions can put your E-2 visa eligibility at risk if not handled properly. Changes in ownership, role, or structure must be carefully evaluated against current USCIS regulations and visa transfer rules. What seems like a routine business decision could quietly invalidate your status.

Pollak PLLC advises E-2 investors on how to grow, restructure, or exit their enterprises without losing immigration benefits. We provide individualized legal counsel for every step—whether filing an amendment to an E-2 petition, completing a DS-160 for consular processing, or responding to immigration compliance inquiries. Contact Pollak PLLC today to protect your status and your business. Our offices in Dallas and Fort Lauderdale serve clients nationwide, with bilingual services available.