E2 Visa Success: Navigating Employer Change for Canadian Investor
We recently secured approval for an E2 Visa Change of Employer application for a Canadian investor. The client initially entered the U.S. on a B2 and subsequently transitioned to E2 status. They then invested in a new company through a holding company, requiring an employer change from their initial E2-approved company to the holding company.
The Challenge:
The holding company invested in an operating company in Texas specializing in junk removal and construction services. Despite a substantial investment and the employment of five full-time employees, USCIS issued a comprehensive Request for Further Evidence (RFE).
We successfully answered the RFE, and the case was approved.
Addressing USCIS Concerns:
Purchase of Pre-existing Business: The RFE questioned the structure of the client’s acquisition of a 50% stake in an existing junk removal business through their holding company, given their prior 30% ownership. We successfully demonstrated that the initial E2 business assigned its interest to the holding company, followed by the acquisition of an additional 20% for approximately $300,000 – a significant investment for this business.
Bona Fide Enterprise: USCIS sought further evidence to establish the operating company as a legitimate and active business. We’ve successfully addressed this by explaining the industry-specific invoicing practices for construction and junk removal businesses, demonstrating compliance with American Institute of Architects (AIA) guidelines. Moreover, we provided the company’s business licenses and permits.
Marginal Enterprise: Despite employing five full-time employees, USCIS raised concerns about the business’s marginality. We successfully countered this by providing comprehensive financial documentation, including P&L statements, balance sheets, photographs and valuations of company equipment, quarterly IRS 941 and payroll records.
Key Outcomes:
Maximum Approval Period: The E2 visa employer change was granted for the maximum permissible duration of two years.
Processing Time: Despite utilizing Premium Processing, the overall approval process was extended due to the RFE, taking approximately three months.
Successful Investment: The total investment amounted to approximately $300,000. The investor’s capital included a combination of equipment, machinery and tools purchased in the United States. In this case, the equipment was invested in a Texas-based operating business specializing in junk removal and excavation services. To learn more about obtaining E2 in the United States, visit Applying for E2 while in US.
Key Highlights:
This case highlight the importance of a strong response to RFEs in complex E2 visa applications where the requested employer change is a holding company acquiring a 50 percent interest in an existing business.
While USCIS Premium Processing aims to expedite the application process, RFEs can significantly impact overall processing times.
The E-2 Investor Visa is a non-immigrant visa designed for foreign nationals from treaty countries who invest in a U.S. commercial enterprise. This visa allows the investor, their spouse, and unmarried children under 21 years of age to live and work in the United States temporarily. Dependent children cannot work in the United States. Additionally, E-2 visa holders can bring key employees to the U.S. to fill essential roles within the company, such as executive, managerial, or specialized positions.
To learn more about employment opportunities with E-2 businesses, visit E2 visa for employees.
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
