E-2 Visa Success Story For a HR Consultant and Entrepreneur
Client Background
Country of Origin: Canada
Field of Expertise: Human Resources Management and Consulting
Job Title: Founder and Principal
Case Synopsis
Our client, a Canadian national, sought our assistance in obtaining an E-2 nonimmigrant visa, to invest in a human resources management consulting firm. With our client’s investment and our assistance in crafting a strong application, she and her spouse were able to secure an E-2 visa, allowing them to continue building their business in the United States.
Our client's successful approval of the E-2 visa is a testament to the fact that what counts as “substantial investment” for an E-2 visa varies depending on the investor’s specific case. As is often the case, there is a misconception that a large amount of capital is needed for an E-2 visa application to be approved. However, this notion is incorrect and not supported by law. Our client's investment of $42,000 in her human resources management consulting firm is proof that the E-2 visa can be obtained with a reasonable capital investment. We are proud to have been a part of our client's journey and we hope that their success will encourage others to explore the possibilities of the E-2 visa.
About the E-2 Visa:
We had the pleasure of working with the client and her spouse, both Canadian citizens, who had a clear vision of bringing their expertise in diversity, equity, and inclusion (DEI) consulting to the United States. Our law firm provided them with a clear strategy to secure an E-2 nonimmigrant visa, enabling them to invest in and operate their new enterprise in the U.S.
After evaluating her qualifications and business plans, we determined that the E-2 Treaty Investor Visa would be the best option for her and her family. The E-2 visa is ideal for foreign entrepreneurs who want to invest and conduct business in the U.S. without seeking permanent residency.
As per 9 FAM § 402.9-4(B), our client's investment in their human resource and consulting firm qualified for consideration as an E-2 investment. By working together with our firm and submitting a robust application, they were able to secure the E-2 visa, which allowed them to continue building the business in the U.S.
To qualify for the E-2 visa, the investor must be from a qualifying treaty trader country, such as the client’s home country of Canada. Additionally, the investor must invest a substantial amount of capital to develop and direct the business operations of a new commercial enterprise or invest in an existing U.S. business. Here are some other requirements for the E-2 visa:
Treaty Country: A treaty of commerce and navigation exists between the United States and the applicant’s country of nationality(9 FAM 402.9-4(A));
Treaty National: The E-2 Treaty Investor is an individual and/or business entity that possesses the nationality of the treaty country (9 FAM 402.9-4(B));
Actual Investment: The E-2 Visa Applicant has invested or is in the process of investing (9 FAM 402.9-6(B));
Real Commercial Entity: The E-2 Enterprise is a real and operating commercial entity (9 FAM 402.9-6(C));
Substantial Investment: The E-2 Visa Applicant’s investment is substantial (9 FAM 402.9-6(D));
Marginality: The investment is more than a marginal enterprise solely for earning a living (9 FAM 402.9-6(E));
Executive / Directory Capacity: The E-2 Visa Applicant is in a position to develop and direct the enterprise (9 FAM 402.9-6(F));
The E-2 Visa Applicant, if an employee, is destined to an executive/supervisory position or possesses skills essential to the firm’s operations in the United States (9 FAM 402.9-6(B) and (C)); and
The E-2 Visa Applicant intends to depart the United States when the E-2 status terminates (9 FAM 402.9-4(C)).
For more E-2 Visa information, please visit our website at: https://www.xulawgroup.com/e2-investor-visa
Our client’s success story highlights the opportunities available for foreign investors in the United States through the E-2 visa program. With the right investment and a strong application, entrepreneurs like our client can bring their innovative ideas and expertise to the American market.
