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?


2 Answers 2


"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 IRS publication 542 for more information about corporate tax.

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 2553, Election by a Small Business Corporation, or if it filed and the election was not accepted.

The requirements for an E-2 visa are covered at E-2 Treaty Investors. The main requirement for the enterprise in which the investor invests is that it be

a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.

The investor must also

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.

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


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

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).

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