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One of the most rewarding parts of working with our clients is helping them live out their dreams in the United States. We helped an Argentinian entrepreneur successfully obtain an E-2 visa to establish a trucking company in the U.S. despite facing a number of challenges and hurdles along the way!
The E-2 visa is a type of visa that allows foreign nationals to enter the United States for the purpose of investing in and managing a business. It is often referred to as the “Investor Visa” or “Entrepreneur Visa” and is available to citizens of certain countries that have a treaty of commerce and navigation with the United States. The E-2 visa is a non-immigrant visa, which means that it does not provide a direct path to permanent residency or citizenship in the United States. However, it can be renewed indefinitely as long as the investor continues to meet the eligibility criteria. To be eligible for an E-2 visa, the applicant must have invested or be in the process of investing a substantial amount of capital in a U.S. business, and must have a controlling interest in the enterprise. Additionally, the applicant must be coming to the United States solely to develop and direct the business. The E-2 visa is a popular option for entrepreneurs and small business owners who wish to start a business in the United States, as it provides a relatively quick and straightforward path to entry.
Our client was a pilot in Argentina, who had an issue with his educational background. The Argentinian standards for his academics were not accredited to the U.S. equivalence. Our firm found out that our client had been making substantial and irrevocable commitment of funds that represent an actual investment into a trucking company, so we had to form a case around his expertise and involvement in the trucking industry to move forward with his E-2 visa.
We were able to demonstrate that he had placed a large number of his personal funds at risk (he had already invested $190,000.00, a substantial and tangible investment already at risk in a U.S. business through the LLC). We validated this by the creation of a business as a consultant in the trucking industry. The Treaty Enterprise through its Treaty Investor has purchased cargo trucks for the operation of transportation services. In line with the requirements of the business, it was also projected that an additional 6 to 7 quality job opportunities would be created within the first five years for U.S. workers who will be employed under the direction of our client.
The viability and success of this business revolved around our client’s 20+ years of experience in managerial, technical experience, and leadership. Since the E category exists to give effect to various treaties between the United States and Argentina in order to provide for reciprocal benefits to nationals of each country who invest between the two countries, it was abundantly evident that our client qualified for such status.
Our firm was able to submit proof around the trucks that he was investing, but further complications arose in the case when a lawsuit hit our client’s trucking company. Our client’s LLC was to procure high-quality consulting, mechanical, and maintenance services for its own fleet and for third-party units that will maintain the investment value, hence guarantee the performance of the trucks. We essentially explained our client’s investments into this company. There were multiple extensions granted with this E-2 visa.
In the end, we were able to receive approval for our client! In March 2019 the E-2 was received by immigration officials, followed by an RFE requested and we responded in June of 2019. By June 11, 2019 we received the official E-2 approval. Our team did a skillful job of forming a case around an investment for his E-2 visa away from his actual profession as a pilot.
Our team was thrilled to help this client obtain approval on his visa! Regardless of what career path you’ve chosen, the key to successfully getting visa approval is to gather the appropriate evidence and present your case in the best light. Let the lawyers at VisaNation Law Group take care of the complex tasks while you focus on your work in the U.S. Contact us today to schedule a consultation with one of our attorneys.