We are proud to announce another E2 visa approval for a complex investment in an existing US business. Our firm successfully secured a 5-year E2 visa at the US Consulate in Romania for a Romanian citizen residing abroad without a Request for Evidence. The processing time was 3 months from submission to approval.
Securing an E2 investor visa is a big achievement for any international entrepreneur, but the complexity increases exponentially when the investment involves an existing US business rather than a traditional startup or business purchase. Recently, Malescu Law successfully navigated a highly complex case at the US Consulate in Romania, securing a five-year E2 visa for a Romanian citizen residing abroad.
Despite the complex nature of the file—involving a long-standing business and non-traditional investment structures—the case was approved without a Request for Evidence (RFE). This success is the result of a comprehesive strategy handled by our E2 visa lawyers and our in-house financial team.
Challenges of E2 Investment in an Established Enterprise
Most E2 applications focus on “new” money entering a “new” entity. In this case, the investor and his partner had already owned and operated a successful US business for over 10 years. The business was active, had a full payroll of employees, and a proven track record of operations. In our E2 visa application, we addressed three primary challenges:
1. Proving New Investment in an Existing Business
The first major hurdle was demonstrating a qualifying investment for an investor who was not purchasing new equity. To satisfy the Department of State requirements, we had to show that the investor had “invested” approximately $300,000.
Our legal team devised a strategy to categorize this capital as a combination of direct investment and retained earnings from the business. Using retained earnings as a qualifying investment requires legal argument to prove the investor had a clear right to the funds and chose to risk them back into the enterprise.
2. Proving a Substantial Investment
The E2 visa requires the investment to be “substantial” in relation to the total value of the business. Because this was an established company with significant assets and revenue, we could not rely on simple bank statements.
Our in-house CFA (Chartered Financial Analyst) conducted a professional E2 business valuation, establishing the company’s fair market value. This allowed us to prove that the $300,000 investment met the proportionality test required for E2 approval.
3. Demonstrating the “Irrevocably Committed” and “At-Risk” Requirement
For an operating company that has been active for 10 years, the government often questions whether the funds are truly “at risk” for the purpose of expansion or if they are simply part of day-to-day cash flow. In other words, because of teh company’s long history, proving the investment is “at risk” is difficult.
We successfully argued that the investment was irrevocably committed by documenting the company’s concrete steps toward growth. This included the strategic expansion of the executive team and the development of new product lines, proving that the capital was being deployed to scale the business further.
Why Expert Strategy Matters for Complex E2 Cases
This case highlights why a “one-size-fits-all” approach to E2 visas often fails. At Malescu Law, we provide a full-stack E2 visa service that blends legal expertise with financial analysis. Our legal team, supported by our in-house CFA, managed the following:
- Strategic Documentation: Proving the legal path of funds and the “at-risk” nature of the investment for existing businesses.
- Comprehensive E2 Business Plan: Tailored to reflect expansion and growth rather than a simple startup model.
- Professional Business Valuation: Essential for proving the “substantiality” of the investment in an existing entity.
Whether you are starting a new business, purchasing a franchise, or investing in an existing US operation, our firm has the expertise to handle even the most complex E2 visa cases.
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 E2 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.
You can apply for E2 visa at a US Consulate abroad or through change of status to E2, if you are in the US. Keep in mind that applying for E2 while in the US is possible under certain circumstances, but is not available to individuals travelling to the United States on ESTA.
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?
Why Partner With Malescu Law?
At Malescu Law, our E2 visa lawyers specialize in securing approvals for investors across all stages—from starting a new business or purchasing a franchise to investing in existing US operations.
We provide a “full-stack” service model, including:
- Legal and financial due diligence.
- E2 business plan drafting.
- Professional business valuations.
- Comprehensive case strategy for complex E2 visa applications.
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
