Success! A Canadian citizen successfully obtained a 5-year E2 visa at the US Consulate in Toronto by investing in a US business through a holding company. The processing time at the US Consulate in Toronto, Canada was 2 months, from submission to approval. The Consulate approved the case without a Request for Further Evidence.
This case had few particularities, including the investor’s history of E2 status in the US, the transition from a previous E2 business to a new venture in construction and junk removal (operating in Texas), and the establishment of a holding company for this investment.
We also successfully navigated a change of employer petition with USCIS for the holding company and its operating subsidiary. A key aspect was the investor’s strategic use of existing equipment from a prior E2 business as their capital contribution to the holding company.
Prior to the consular interview, USCIS approved a change of employer to the holding company. It’s important to note that any substantial changes to the E2 business necessitate prior approval from USCIS on Form I-129 regarding the terms of employment, unless the US Consulate approves the changes.
In this case, investing through a holding company required prior USCIS approval for a change of employer, as the investor was in the United States on an E2 status previously approved for a different business.
This approval shows that investment through a holding company structure is viable for E2 visa purposes, and offers investors flexibility for future investments.
Key Takeaways E2 Visa for Holding Company:
Overview of E2 Visa
The E-2 Investor Visa is a nonimmigrant visa for nationals of treaty countries to live and work in the U.S. by investing in a US business. This visa also extends to the investor’s spouse and unmarried children under 21. Furthermore, E-2 businesses can bring employees in executive, managerial, or specialized roles essential to the firm’s operations in the U.S. You can establish a new business or buy an existing business to qualify for the E-2.
To learn more about visas for Canadians, visit E2 visa for Canadians and US visa for Canadian citizens.
To learn more about the options available for children aging out E2 visas visit Children aging out of E2 visa: What are their options?
Malescu Law can assist
Our E2 visa lawyers can assist you in navigating complex E2 visa cases, especially those involving business transitions and holding companies, among others. We can also assist with forming holding company structures.
Contact us, your experienced immigration lawyers to schedule an appointment for your immigration case and find out more about other E-2 visa success stories and approvals and E-2 visa for spouse and dependents, E-2 visa renewal process, other investment visa options and other visa options to start a business in the US for you.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
