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ith123

E2 Visa from buying out partner?

By ith123 in Work Visas

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ith123   0

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Filed: AOS (pnd) Country: Canada
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I am a Canadian citizen who has lived in the US for some time under a TN. I co-founded a software company 2.5 years ago with an American and now I'm told my TN isn't right because I'm an owner. I concede this and am now looking to get the E-2. I have become the de-facto majority partner as my cofounder left a year ago (since I renewed the TN) and I now effectively own 90% of the company, though we only put a minimal amount of capital in to start (it's software, time is the main investment at first) and we were profitable from day 1 and have had profits of roughly 100k for the last two years.

Would it be possible to just apply for an E2 under this basis or would the "substantial investment" be an issue? It is an operating business that is profitable and I own 90% - would I need to buy out my partner's remaining share for a "substantial investment" to be considered?

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