Interior Design & Renovations

Interior Design & Renovations Business
Total Expenses: $85,000 approx
Working capital: $15,000 approx
Citizenship: Canada

Timeline
-August 2023: Submitted application to the US Toronto Consulate
-October 2023: Interview
-January 2024: Approved after Administrative processing

This story holds a special place among our favorites because it serves as a valuable lesson for other E-2 investors and raises more awareness about this common mistake and how to avoid it.

When the Canadian clients approached our firm for assistance with their E-2 visa journey, they had already made a few mistakes before hiring us. First they entered the United States on B2 tourist. Second, they submitted a B2 extension application, seeking to prolong their stay for another six months.

The clients' actions were incorrect because the B-2 tourist status restricts individuals to participating solely in tourist and leisure activities within the U.S. Engaging in business activities (starting a business or buying a business), which are essential for applying for an E-2 visa, is not permitted under the B-2 tourist status.

To conduct business activities legally, the clients should have either entered the U.S. as B-1 business visitors or applied for a Change of Status to a B-1 business visitor. U.S. immigration authorities frown upon visitors engaging in activities beyond the scope of their permitted visa activities.

Essentially, the clients' actions were like buying a movie ticket for a Disney film but then going into an R-rated horror movie instead. Just as the movie establishment would not appreciate these contradicting actions, U.S. immigration authorities similarly frown upon such discrepancies.

Much like buying a movie ticket for a Disney movie but then entering the wrong R-rated movie, straying beyond the boundaries of their visa activities risks complications and scrutiny from U.S. immigration authorities during the application process. This is exactly what happened to our clients when they attended their E-2 visa interview.

The clients' actions were akin to using a movie ticket for a Disney film but then sneaking into an R-rated horror movie instead. Just as the movie establishment would not appreciate these contradicting actions, U.S. immigration authorities similarly frown upon such discrepancies. The B-2 tourist status, akin to the Disney movie ticket, is intended for leisure and tourism, not for engaging in business activities required for an E-2 visa application.

To conduct business activities legally, the clients should have either obtained the appropriate "ticket" by entering as B-1 business visitors or sought a "change of movie" by applying for a Change of Status to a B-1 business visitor. Much like sneaking into the wrong movie raises eyebrows and invites consequences, straying beyond the boundaries of their visa activities risks complications and scrutiny from U.S. immigration authorities during the application process.

The clients' actions were akin to using a movie ticket for a Disney film but then sneaking into an R-rated horror movie instead. Just as the movie establishment would not appreciate these contradicting actions, U.S. immigration authorities similarly frown upon such discrepancies. The B-2 tourist status, akin to the Disney movie ticket, is intended for leisure and tourism, not for engaging in business activities required for an E-2 visa application.

To conduct investment properly, the clients should have either obtained the appropriate "ticket" by entering as B-1 business visitors or sought a "change of movie" by applying for a Change of Status to a B-1 business visitor. Much like sneaking into the wrong movie raises eyebrows and invites consequences, straying beyond the boundaries of their visa activities risks complications and scrutiny from U.S. immigration authorities during the application process.

During our client’s E-2 visa interview, the visa officer raised concerns regarding the clients' extensive history in the U.S. under B2 tourist status. Additionally, they requested additional documentation, leading to the issuance of a 221G notice. This means our client’s case was put into Administrative Processing, which resulted in an additional 3 month delay on their case.

The visa officer meticulously reviewed the clients' activities during their stay in the U.S., specifically seeking evidence of their tourist engagements as B-2 tourists. Furthermore, the officer took note of our clients' start of business operations while in the U.S. as B-2 tourists.

Additionally, the officer requested documentation of employee payroll to verify that our clients were not engaging in unauthorized employment activities as B-2 tourists in the U.S. Basically, the officer was potentially accusing our clients of misrepresentation and violation of immigration law.

Fortunately, due to the clients’ original genuine intentions to be tourists in the U.S., we were able to present photos of our client visiting various tourist location in the U.S. Our clients had also hired employees when their business began operations and we were able to use this to show that our clients did not engage in any unauthorized work while inside the U.S. as B-2 tourists.

Despite the initial challenges posed by our client’s bumpy, stressful and risky journey, they received a positive outcome and received their E-2 visa approval.

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