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. Â
- 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. Â
- While USCIS Premium Processing aims to expedite the application process, RFEs can significantly impact overall processing times.
To learn more about E2 visa options for Canadian investors, please visit E-2 visa for Canadians. For US visas available for Canadians, visit US visa for Canadian citizens.
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?
Find out more about other E-2 visa success stories and approvals, E-2 visa for spouse and dependents, E-2 visa renewal process, other investment visa options, , E-2 for Australians, E-2 for UK Citizens and other visa options to start a business in the US for you.
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Malescu Law P.A. – Business & Immigration Lawyers