Categories
E-2 Visa Laws & Policies

E-2 Regulations

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

E-2 Regulations

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Visa Laws & Policies

Foreign Affairs Manual

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Foreign Affairs Manual

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Visa Laws & Policies

Court Cases

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Court Cases

Below, you will find a collection of US court cases regarding the E2 investor visa. These court decisions provide valuable insights into how judges interpret investor visa laws and apply the requirements to real life cases.

Note: You must have Adobe Acrobat Reader installed on your computer to open the attached PDF files. The free software is available for download at the following link: http://www.adobe.com.

BOARD OF IMMIGRATION APPEALS (BIA)

Matter of Walsh and Pollard (BIA 1988)– BIA held: (1) No particular dollar amount is required for an investment to be deemed substantial; however, the investment must be in a bona fide business and, in the case of a new business, the investment must not be in a marginal enterprise solely for earning a living but must be of an amount normally considered necessary to establish a viable enterprise of the nature contemplated; and (2) The applicants, who are employed as automotive design engineers by a foreign corporation, do not have supervisory or managerial duties; however, they are highly trained, specially qualified, and essential to the corporation’s efficient operation and thus qualify for an E2 investor visa classification even though they are not engaged in developing and directing the qualifying investment.

Matter of Khan (BIA 1977) – BIA held that respondent failed to show that he was “actively in the process of investing”. Respondent had best a subjective intention to invest in the future. Although he may have invested funds in the past, that does not establish that he will invest in the future. More is required for such as showing. For example, copies of contracts showing a legal commitment to make certain future expenditures or documents of that nature could be submitted.

Matter of Chung (BIA 1976) – BIA held that in order to qualify for E2 investor visa, the respondent must establish that he has invested or is actively in the process of investing a substantial amount of capital in an US enterprise. BIA stated that mere intent to invest does not satisfy the requirement.

Matter of Shaw (BIA 1976) – BIA held that photocopies of checks submitted as the primary evidence of the investment and allegedly issued in payment for items related to the restaurant did not show what items had been purchased. The BIA explained that the financial statement submitted was unaudited and based exclusively on information supplied by respondent to the accountant and which indicated that the books had not been maintained in an acceptable manner from an accounting standpoint and from which expenditures could not be verified. The BIA stated that respondent failed to submit documentation relating to the affairs of the enterprise or a satisfactory explanation for the absence of such documentation.

Matter of Lee (BIA 1975) – BIA held that the investor must be coming solely to develop and direct the operations of the enterprise in which the investment has been or is in the process of being made and it must be shown that investor has a controlling
interest in the enterprise. In this case, it is alleged that the total value of the enterprise is or will be $64,000. Of this amount, applicant had invested $10,000, alleging that at some future time he would invest additional capital to bring his investment to 51 percent. BIA found that this was too speculative, and further, in the absence of any indication of the income the applicant may derive, he has failed to show that his investment does not represent a small amount of capital invested in a marginal enterprise for the purpose of merely earning a living.

For consultation with an Immigration Lawyer, please CALL US at (626) 559-0968 or Complete the our Contact Form. An attorney in our office would be happy to assist you.

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Visa Laws & Policies

Agency Guidance

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Agency Guidance

The government agencies that administer the E2 investor visa program sometimes issue memorandums, letters, and notices to provide guidance and latest updates on E2 visa requirements and application procedures. Below, you will find a collection of agency guidances that specifically address the E2 investor visa.

Note: You must have Adobe Acrobat Reader installed on your computer to open the attached PDF files. The free software is available for download at the following link: http://www.adobe.com.

US CITIZENSHIP & IMMIGRATION SERVICES (USCIS, FORMERLY, INS)

USCIS Liaison Meeting (2007) – Students in E-2 dependent status may attend college.

INS Memo (2002) – Temporary work permit for spouse of E2 investor.

INS Memo (1998) – Consolidating E2 petition processing at the California Service Center and Texas Services Center.

INS Memo (1997) – Maintaining E2 investor status issues.

INS Letter (1996)– Explains why E visas are not appropriate substitutes for H1B visa in the job shop scenario.

INS Letter (1996)– Explains the possibility of having multiple E2 employers.

 

US DEPARTMENT OF STATE (DOS)

Israel Added to E2 Treaty Country List (June 2012)– On June 11, 2012, President Obama signed the legislation that would add Israel to the list of countries eligible for the E2 non-immigrant investor visa in the United States. The US embassy in Israel will announce the implementation of the E2 visa as soon as the terms and conditions of the bi-lateral agreement between the US and Israel are finalized.

London Embassy E Visa Processing Update (June 2012)
– E visa processing will likely be delayed during Summer of 2012 due to the London Olympic games. The E treaty visa unit will be closed from July 16, 2012 to August 17, 2012. Regular services should resume on August 20, 2012.

Rome Embassy Liaison Meeting (2010)– (1) Where to send E-2 application; (2) Special procedures, documents, and interview scheduling; (3) Most common preparation errors for E2 visa cases; (4) Substantial Investment explanation; (5) Marginality
issue during economic crisis; and (6) Embassy’s contact information.

London Embassy Liaison Meeting (2008) – (1) London E2 visa processing time; (2) Proving investment transaction; and (3) U.K. domicle requirement for British citizens.

DOS Liaison Meeting (2007) – Proving E2 enterprise has created jobs for US workers.<

London Embassy DOS Liaison Meeting (2007) – (1) London E2 visa processing update; and (2) Determining treaty nationality of large publicly traded foreign corporations.

DOS Memo (2002) – Temporary work permit for spouse of E2 investor.

DOS Liaison Meeting (2001) – Applicants’ other sources of income are no longer considered when assessing marginality of the E2 enterprise.

DOS Analysis of Comments to the E Visa Regulations (1997)– Agency’s interpretation of E visa laws and regulations.

DOS Memo (1994)– Discusses E2 visa eligibility for physicians investing in medical practice.

For consultation with an Immigration Lawyer, please CALL US at (626) 559-0968 or Complete the our Contact Form. An attorney in our office would be happy to assist you.

The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.

Key Benefits of the E-2 Investor Visa

  • Live in the United States
  • Spouse is Authorized to Work Anywhere
  • Start or Buy Your Own U.S. business
  • Children May Attend Any U.S. School
  • Manage & Operate Your Business
  • Allows 2 Joint Investors in One Business
  • Bring Your Spouse & Minor Children
  • Unlimited E-2 Visa Renewals
Got Questions?

Contact Us

Categories
E-2 Employee Visa

Frequently Asked Questions E-2 Employee Visa

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US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Stories From Clients

Working with Bobby was an excellent experience. He helped us with the entire process in the E2 Visa.

Posted by Andre
February 12, 2024

Full Review

E2 VISA APPROVED WITH BOBBY

Working with Bobby was an excellent experience. He helped us with the entire process in the E2 Visa. From the first steps, while we were looking for a franchise to buy, until the interview at the consulate. Very professional, always calm, and available to talk about any questions. His team is incredible, too. Stephanie, the executive assistant, did a great job; she understands everything a lot, always assisting us via video or email. Lotte Aarsman, our case manager, researches and works hard down to the most minor details of all documents. Undoubtedly, we recommend Attorney Bobby, a great professional and person.

Mr. Chung was extremely helpful. He helped us prepare for all of the steps regarding the visa.

Posted by Ajay Arora
February 1, 2024

Full Review

Great Experience

Mr. Chung was extremely helpful. He helped us prepare for all of the steps regarding the visa. He made sure we had all that we needed and that we did not lack in any preparation. Wonderful experience!

Commendable job by Bobby Cheng team. The initial call with Mr. Chung was extremely informational.

Posted by JIGNESHKUMAR
January 22, 2024

Full Review

E2 Visa

Commendable job by Bobby Cheng team. The initial call with Mr. Chung was extremely informational. Thereafter, Stephanie took over my case and executed it perfectly to help me deal with my E2 visa process . Whole team has been communicative, supportive and overall meticulous with full efforts. Highly recommended for attorney work

I'm here to express my appreciation of Bobby & his team's effort on my E2 VISA application.

Posted by YENKUANG
January 1, 2024

Full Review

Hired Bobby as my Attorney for E2 VISA application is my smartest decision

I'm here to express my appreciation of Bobby & his team's effort on my E2 VISA application. For sure I got my approval right after my interview at embassy. Just let all know you have to get Bobby's professional service. He will lead you since beginning with clear picture of application and stay with you until you get the VISA approval. I would like to give special thanks to his team member, Lotte being experienced, sysmtematic and nice to me. Trust me as a E2 VISA owner, you will get your E2 VISA successfully with Bobby's service.

Bobby’s team helped complete my E2 visa application and they were extremely helpful throughout the process.

Posted by Jay
December 15, 2023

Full Review

Strongly recommend Bobby’s services

Bobby’s team helped complete my E2 visa application and they were extremely helpful throughout the process. Bobby, my case manager Angie and rest of Bobby’s team helped understand the process thoroughly which resulted in my application being successful.

I got my COS for E2 Category, One of the best lawyers offices in California, they are very dedicated

Posted by Mohammed
November 8, 2023

Full Review

E2 Visa COS

I got my COS for E2 Category, One of the best lawyers offices in California, they are very dedicated and they go through the details to make your case strong and can go through any questions and doubts, I strongly recommend them.

More Client Reviews

AWARD-WINNING LAW FIRM

$500+
Million

of revenue our clients have achieved from their U.S. business

$140+
Million

in client investments with visa approvals

20+
Years

focused experience in the E-2 visa

10+ Years
of Awards

of receiving the Clients’ Choice Award by Avvo

E-2 Renewal/Extension
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Got Questions?
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Who We Are

Real
Strategies

that hundreds of clients have used for E-2 approval

Step-By-Step
Guidance

detailed instructions (how tos & tips) that go beyond a generic checklist

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Referral
Network

access to our private network of referrals who understand how to work with E-2 clients

What Does It Mean To Exclusively Help E-2 Investors?

Unlike many law firms, our exclusive focus allows us to provide in-depth knowledge, experience, insights and tailored solutions to our E-2 clients.

We’re Ready To Help!

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E-2 Visa Basics & How Tos

E-2 Visa Requirements & How To Apply

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Gain insights into who is eligible to apply for the E-2 visa, the business requirements—such as the minimum investment amount and percentage of ownership—necessary to meet the visa criteria, as well as guidelines on demonstrating the legal sourcing of investment funds.

Additionally, we cover the basic procedures involved in the application process.

Contact us if you have any questions.

E-2 APPROVAL FOR HUNDREDS OF BUSINESSES

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Consulting

Gas Station

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Restaurant

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Apparel/Clothing

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How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how tos & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients

Categories
E-2 Visa Basics & How Tos

How Much Should I Invest?

What’s the minimum investment you can make while still ensuring E-2 visa approval?

The law does not specify a specific minimum amount because there are so many businesses that exist with it’s own purchase or startup cost.

Even though the U.S. Immigration doesn’t set a clear black and white minimum investment for the E-2 visa requirements, in practice we see an investment of $100,000 USD or more for most types of businesses be sufficient.

What about $70,000 to $90,000? That’s close enough right?

An investment less than $100,000 is definitely possible. However, your chances of receiving an E-2 visa DENIAL due to an insufficient investment becomes high the less you invest.

Don’t short change yourself. Put in the effort and real investment needed to show the visa officer that you mean business.

You don’t have to spend the full $100,000 if the business is a low-cost type of business.

Here is some good news, you do not actually have to spend the full $100,000. Working capital held inside the U.S. business bank account also counts towards the total investment.

For example, for a startup business, if it only costs $70,000 to startup this business (registering business, obtaining business licenses, renting business premise, furnishing, equipment, supplies, website, marketing, hiring U.S. workers, etc.), then the remaining $30,000 can be kept in as working capital in the U.S. business bank account. Although the total expenses were $70,000, the working capital of $30,000 could still be counted towards the total investment. The working capital must be held in the U.S. business bank account and not in a personal bank to count towards the total investment.

What if the business you want to start or purchase is very low cost and may not even reach $70,000 in expenses?

There are in deed some low costs businesses that are vary from $30,000 to $60,000. These are typically startup service based businesses such as a consulting or service business (e.g. marketing, business, accounting, IT, etc.).

Where a business is very low cost, it is important to get creative and find ways to boost the investment expense. Having a low cost business is not a strong and convincing argument for visa officers. A low investment has a high chance of visa denial becuase the visa officer would view the business as marginal (too small to succeed).

Ideas to increase investment expense (without it feeling like a waste of money):

  • Hiring U.S. workers and start payroll
  • Purchase larger inventory in advance
  • Purchase a business vehicle (not all vehicles will qualify)

For more ideas to increase investment expenses, contact us.

You might like:
E-2 Visa Frequently Asked Questions
Learn More.
Contact Us

E-2 APPROVAL FOR HUNDREDS OF BUSINESSES

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Consulting

Gas Station

Homecare

Restaurant

Pharmacy

Wholesale

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Fast Food

E-Commerce

Tutoring Service

Import/Export

Apparel/Clothing

More Businesses
Find Out If A
Business Qualifies

Contact Us

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how to’s & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients

Categories
E-2 Visa Basics & How Tos

How Long Does the E-2 Investor Visa Process Take?

Free Download

How long does it take to finish investing?

How long does it take to get the E-2 visa?

Find out here.

The 7 Stage E-2 Timeline

How long does it take to get the E-2 visa?

Once an E-2 application is submitted, the processing time typically spans between 2 to 6 months.

However, these durations vary based on the specific U.S. Embassy or Consulate where the application is submitted. These processing times are subject to constant change based on the workload and operations of each embassy or consulate.

E-2 Timeline

Applying at US Embassy Abroad versus Change of Status in the U.S.

E-2 APPROVAL FOR HUNDREDS OF BUSINESSES

More Businesses

Consulting

Gas Station

Homecare

Restaurant

Pharmacy

Wholesale

Auto Repair

Real Estate

Dental Practice

Apparel

Cafe

Fast Food

E-Commerce

Tutoring Service

Import/Export

Apparel/Clothing

More Businesses
Find Out If A
Business Qualifies

Contact Us

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how to’s & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients

Categories
E-2 Visa Basics & How Tos

What Businesses Qualify for the E-2 Visa?

Get Insider Tips from a former US Justice Department Attorney
  • Top 12 Must Know Questions & Answers
  • Common Mistakes to Avoid E-2 Denial
  • E-2 Process Made Easy (step-by-step)
  • E-2 Timeline (how long the process takes)
  • Checklist: Common Expenses for E2 Investors (to maximize visa approval)

Making a decision on what business to own is one of the first decisions in the E-2 visa journey.

Discover the pros and cons of buying a business, explore franchise options, learn about suitable business structures, understand purchase contract essentials, and get tips on securing necessary business licenses.

This resource provides essential insights. See below for details.

Contact us if you have questions.

E-2 APPROVAL FOR HUNDREDS OF BUSINESSES

More Businesses

Consulting

Gas Station

Homecare

Restaurant

Pharmacy

Wholesale

Auto Repair

Real Estate

Dental Practice

Apparel

Cafe

Fast Food

E-Commerce

Tutoring Service

Import/Export

Apparel/Clothing

More Businesses
Find Out If A
Business Qualifies

Contact Us

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how tos & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients

Categories
E-2 Visa Basics & How Tos

Is franchise business good for the E-2 visa?

Choosing a franchise business for the E-2 visa presents a compelling opportunity, especially for individuals entering unfamiliar industries seeking support or opting for a business system with a proven track record of success. In deciding whether a franchise business is the right fit, we've compiled a list of advantages and disadvantages based on experiences shared by E-2 investors.

Advantages of Franchise

Established Brand

Franchises come with recognized brand names. This recognition can attract customers more easily than a new, unknown business, increasing the chances of success for the franchisee.

Franchise Disclosure Documents Create Transparency

Franchise agreements include detailed disclosure documents that provide transparency regarding the franchise's financial performance, business model, obligations, and potential risks. This helps prospective franchisees make informed decisions.

Training & support

Franchisees usually receive comprehensive training and ongoing support from the franchisor. This includes guidance on various aspects of the business, such as operations, marketing, employee management, and customer service.

This is especially helpful for investors who have limited experience or qualifications.

Pre-developed Marketing

Franchises often have established marketing strategies and materials in place. This saves franchisees time and resources that would otherwise be spent on developing marketing campaigns from scratch.

Proven Track Record

Business model and blueprint for operations have been tried-and-tested, making it easier for franchisees to navigate challenges and replicate success. Leveraging a business model that has been refined over time minimizes the risks associated with untested strategies.

Set Operating Systems

Franchises provide a structured business model and established operational systems. This offers a clear roadmap on how the business should run, reducing the need for trial and error in establishing successful operations.

Exclusive Territory

Franchisees often have a designated and protected territory, ensuring that other franchisees under the same brand cannot encroach on their market. This can provide a competitive advantage in the local market.

Disadvantages of Franchise

Limited Accommodations to E-2 Investors

Not all franchises are E-2 visa friendly, as some franchises may be reluctant to deal with the added complexities of visa-related requirements and the potential waiting period for visa issuance.

However, there are some “E-2 Visa Friendly Franchises”. Franchise consultants who are experienced with the E-2 visa should be able to connect investors with franchise opportunities that are happy to work with E-2 investors.

Limited E-2 Visa Suitability

Not every franchise model meets the E-2 Visa Requirements.

*Our office reviews Franchise Disclosure Documents to evaluate franchise business model and for E-2 visa suitability.

Restricted Autonomy

Some franchises may require that supplies and equipment are purchased from exclusive vendors to ensure brand quality. This limitation can impact flexibility and cost control for the business owner.

Geographic Restrictions

Franchises typically define territories, restricting the operational area for each franchisee.

However, this can also be seen as an advantage to protect each franchisee from the same competition.

E-2 APPROVAL FOR HUNDREDS OF BUSINESSES

More Businesses

Consulting

Gas Station

Homecare

Restaurant

Pharmacy

Wholesale

Auto Repair

Real Estate

Dental Practice

Apparel

Cafe

Fast Food

E-Commerce

Tutoring Service

Import/Export

Apparel/Clothing

More Businesses
Find Out If A
Business Qualifies

Contact Us

How are we different?

Our exclusive focus allows us to provide in-depth knowledge, experience, and tailored solutions to our E-2 clients. In other words, we give real answers to a variety of business, visa, logistical challenges that go beyond manuals and regulations.

Real
Strategies

that hundreds of clients have used for E-2 approval

Actual Knowledge & Experience

all team members have real E-2 experience and knowledge

Step-By-Step Guidance

detailed instructions (how to’s & tips) that go beyond a generic checklist

Referral Network

access to our private network of referrals who understand how to work with E-2 clients