The E-2 visa is a non-immigrant visa that allows individuals to enter the United States for the purpose of investing in and managing a business. To qualify for the E-2 visa, applicants must make a substantial investment in a bona fide enterprise and play an active role in its operation. The visa is typically granted for a renewable period and is intended to facilitate international trade and promote economic growth by encouraging foreign entrepreneurs to contribute to the U.S. economy. Pakistan and the United States hold a treaty that allows Pakistan nationals to become eligible for an E-2 status.
Our client was a citizen and national of Pakistan. She was the managing director of a company that was a one-stop shop for all commercial and residential remodeling needs. The company was incorporated under the laws of the state of Florida in 2021 and carried an extensive collection of home designs and business interiors.
Our client was responsible for the overall management and strategic direction of the company. She managed the branding, marketing and sales of the company, while also investing more than 50% capital into the company. Under the E category for the investment treaty between the two countries, our client qualified as such:
- The individual and Enterprise possess the nationality of the treaty country
- A treaty investor must be in possession of, and have control over the capital invested or being invested
- The individual is seeking solely to develop and direct the treaty business and intends to depart the U.S. upon expiration or termination of their E-2 status
We included our client’s banking accounts to show the payments she was making to run the company in the United States, as well as any invoices to show the sort of business transactions she was having.
Lease agreements for the warehouses were included. The sources of funds for the company were listed, and the business plan for the next five years. We also included her hiring plans for the company in Florida, and how she was going to execute that.
With everything submitted our client received an RFE asking to provide additional information regarding our client’s intentions to solely develop and direct the investment enterprise through control of the enterprise. The RFE also requested to provide evidence of bona fide enterprise. We presented applicable law, such as the regulations at 8 CFR 214.2(e), to justify our client’s intentions with the treaty investor and role in the enterprise. To bona fide the enterprise, we presented lease agreements, tax returns, bank statements and certificates to show that the business was indeed a real and operating commercial enterprise.
After the RFE was submitted, the E2 visa was approved a month later.
Another VisaNation Law Group Success Story
Cases like this really emphasize our team’s ability to overcome any challenges and hurdles brought before us by immigration officials. Even the most difficult cases can be won with a strategic plan and personalized approach. Contact us today to schedule a consultation with one of our attorneys.