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SAINT-SULPICE · E-2 FIELD GUIDE

Does a renewed passport in a new name change my treaty nationality analysis?

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THE DIRECT ANSWER

No. Nationality is tested on citizenship, not on the name printed at renewal and not on where you live. What must be shown is that you are a citizen of a treaty country and that treaty nationals hold at least 50% of the U.S. enterprise, with your former-name holdings properly attributed to you.

Prove continuity of the person, not of the name

The evidence question is identity continuity: the renewed passport, the previous passport or citizenship record, and the document that records the change, read together as one chronology. Do the same for any co-owner whose treaty nationality supports the 50% calculation. Keep the other elements untouched by the name issue: substantial capital genuinely at risk, a real operating enterprise, non-marginality, and your role in developing and directing it.

A first review should test four separate points: treaty nationality, ownership or operational control, the source and path of funds, and a real business plan. E-2 requires qualifying treaty nationality, at least 50% relevant treaty-national ownership of the enterprise and the applicant’s development and direction; the option label alone cannot settle those conditions. Confirm treaty nationality, the enterprise’s qualifying ownership, the investor’s authority to develop and direct, held through at least 50 percent ownership or operational control, and a real nonmarginal operation.