Deeper Insights into E-2 Cases

Some Common Themes Manifest As We Help Our Clients to Prepare and File E-2 Treaty Investor Cases

Timing   A major decision in any E-2 case, particularly for start-up and smaller companies, is when to file the E-2 case.  Cases where the E-2 investor uses the B-1 visa category to set up the investment, secure a facility, hire at least a small U.S. staff, and starts developing some customers and sales before filing the case increases the odds of approval. A well-documented case filed by an investor that has taken these steps makes it harder for the U.S. Embassy to reject the visa application as being “speculative” or for failing to meet the substantiality and marginality tests.

Hiring of U.S. Citizens.  The major incentive for the U.S. Embassy officer to grant an E-2 case is that it has created or will create jobs for U.S. citizens.  In our experience, there is no more important factor.  So showing this has already been done can significantly raise case odds, particularly for start-up and smaller companies.  Looked at another way, if failure to issue the E-2 visa to the investor will result in a loss of jobs by U.S. citizens, it is a much more difficult decision for the officer to make to deny the E-2 visa application.

Types and Pay of Jobs U.S. Citizens are In.  Not all jobs are created equal.  If the E-2 enterprise will only employ minimum wage workers, the U.S. Embassy or Consular officer may not be as convinced to approve the enterprise – unless the enterprise will perhaps employ large numbers of workers.  Higher paid jobs requiring greater education or experience are more compelling to the typical U.S. Embassy officer.

Proportionality of the Investment    The higher percentage of funds committed or earmarked for the investment in juxtaposition to the amount established as required for a viable investment will be a key factor in tipping the balance in favor of the E-2 visa applicant.  Simply put, there is less of a “leap of faith” required on the Officer’s part.

Traceability of the Investment   It is often surprising how even publicly traded companies can struggle to document who the ultimate owners of the enterprise are, and how corporate stock transfer ledgers and stock certificates may be missing or incomplete.  Having your proof in pristine order will help establish the required ownership and control by treaty country nationals.

Past History of Investor in Enterprises   Sometimes the key to a successful case may be the collection and submission of evidence not required, but which demonstrates the high likelihood of success of the investment and its hire of U.S. workers.  For example, proving that the investor previously formed and successfully directed the development of past enterprises in various other countries may be a powerful tool in meeting the burden of proof leading to E-2 visa issuance.

Business Plan  One of the types of evidence submitted in an E-2 visa case for newly registering E-2 investment companies is the business plan.  We provide our clients with recommendations to companies with experience in developing business plans that support the efforts of companies that sponsor E-2 visa applicants.

Some Sample Profiles of Successful E-2 Work Visa Cases by Our Team Members

• A Japanese owned manufacturer and installer of technology used in the manufacture of automobiles;
• A Japanese automobile manufacturer
• A Swiss owned company which manufactures laboratory equipment
• A United Kingdom company that specializes in UK vacations;
• A Canadian citizen who formed a bathroom renovation company in Florida and hired a handful of local workers;
• Various types of restaurants owned by nationals of a variety of countries.
• Insurance
• Medical companies and offices
• Dental organizations and practices
• Tourism services
• Perfumers and scent marketers.
• Automotive suppliers
• Manufacturers of many different types of metal, plastic, composite and other components for many industries
• Artificial intelligence technology
• Specialized software
• Information technology
• Industrial clean rooms and HVAC systems
• Leisure industry products and services
• Logistics
• Fashion industry
• Medical instrumentation
• High end home renovation and installations

Please note that while we have helped many clients to succeed, there is never a guarantee of success in any immigration case.