Immigration attorney William Gearhart recently assisted in obtaining approval of an E-2 visa renewal for an investor and their family to allow them to continue operating their business in the U.S.
E-2 visas are nonimmigrant visas available to individuals who are nationals of countries that maintain treaties of commerce with the U.S. and have invested a substantial amount of capital in a business endeavor in the U.S. These visas are excellent options to those who qualify because they have no numerical limitation, are processed quickly, and have no limitation on the number of times they can be renewed.
In this case, the renewal of the investor's E-2 visa was complicated by the investor's immigration history. The investor had previously entered the U.S. on a L-1A visa to open a subsidiary office of their previous employer. They then closed the subsidiary and opened the business as a new entity, and obtained their E-2 visas, but with their spouse as the principal E-2 investor. Subsequently, they closed the company again and created another entity, this time with the investor as the principal applicant. During the pandemic, the investor and her family obtained an extension of their E-2 status without leaving the country.
When applying for an E-2 visa, applicants must show that they have not violated the terms of their status in the U.S. and that they have the intention of returning to their home country as the E-2 visa is a nonimmigrant visa. As the investor had resided in the U.S. with different statuses and working with different business entities for a significant amount of time, there was a concern that the U.S. consulate would suspect that the investor and their family were using the E-2 program to avoid having to leave the U.S. and that they did not have the intention to return to their return home country. Attorney William Gearhart helped to assemble a comprehensive renewal application with sufficient evidence to prove that the investor had always complied with the terms of their visas and status in the U.S., and that they maintained sufficient connections to their home country proving they did not intend to remain in the U.S. indefinitely. The E-2 visa renewal was approved and happily the investor was recently able to return to the U.S. with her family and continue managing their business.
If you have questions regarding the E-2 visa process for investors, or any other immigration matter, please contact attorney William Gearhart at royal@mobilityim.com.