immigration
E2 Visa company converted from LLC to C-Corp
<p>I'm just about to apply for a E2 visa for my LLC corp formed in Wyoming.  I've been accepted into a startup accelerator program that requires us to be a C-Corp.  Will changing the companies structure from a LLC to a C-Corp affect my visa?</p>

<p>Thanks!</p>

<p>"C corporation" is not a corporate structure, it is a tax treatment.  It simply means that the corporation pays corporate income tax.  In the alternative, an S corporation does not pay income tax; instead, its owners report the income as personal income.  You can refer to <a href="https://www.irs.gov/forms-pubs/about-publication-542" rel="nofollow noreferrer">IRS publication 542</a> for more information about corporate tax.</p>

<p>It is therefore not necessary to "change the company's structure" to make it a C corporation, and making it a C corporation won't affect your visa.  In fact, it may already be a C corporation, for example if it has not filed form <a href="https://www.irs.gov/forms-pubs/form-2553" rel="nofollow noreferrer">2553, Election by a Small Business Corporation</a>, or if it filed and the election was not accepted.</p>

<p>The requirements for an E-2 visa are covered at <a href="https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors" rel="nofollow noreferrer">E-2 Treaty Investors</a>.  The main requirement for the enterprise in which the investor invests is that it be</p>

<blockquote>
  <p>a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.</p>
</blockquote>

<p>The investor must also</p>

<blockquote>
  <p>Be seeking to enter the United States solely to develop and direct the investment enterprise.  This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.</p>
</blockquote>

<p>None of this is incompatible with C- or S-corporation treatment, nor with the LLC form of corporate organization.</p>

<p>Visas are issued to human beings not to companies. Investment is a condition of getting the visa, not a recipient of the visa.</p>

<p>For U.S. immigration purposes, there is no distinction between an LLC and a C-corporation. It is also possible for an entity in LLC form to be taxed as a C-corporation and indeed that is the default rule for LLCs which are organized outside the U.S. (There are limitations on non-citizen ownership of S-corporations, however).</p>
