Citizenship: Germany
Total Investment: $146,000 (approx.)
Total Working Capital: $84,000 (approx.)

Case Report: E-2 Visa Renewal for a Business with Major Changes

Securing an E-2 visa renewal can be complex, especially when significant changes have occurred in the E-2 business since the last visa approval.

The Challenge: Our client faced several obstacles in renewing his E-2 visa. Originally operating on the East Coast, the business had relocated to California, which involved selling old business assets and acquiring new ones. This change between locations led to a lengthy shutdown of operations, which was a violation of the E-2 visa status due to failure to continuously operating the business throughout the foreign investor's stay in the U.S.

Maintaining E-2 status requires keeping the business operational. The E-2 visa is granted, because you’re actively involved in a business. If the business is sold or shuts down, even temporarily, it can be perceived as not meeting the visa requirements. A business that isn’t operating can’t make money, hire U.S. workers, or contribute to the U.S. economy. Immigration authorities may see the shutdown as a sign that the business isn’t viable, putting the renewal of the E-2 visa at risk.

Our Strategy: To address the maintenance of status issue, we prepared a compelling support letter outlining the client’s business strategy behind the relocation. However, from our experience, we knew that simply explaining the situation wouldn’t be enough to forgive the violation or convince the visa officer that the business could succeed in its new location. Therefore, we advised our client to re-establish operations and generate revenues for a few months to prove the business potential. The real, tangible results of revenues generated from the operations helped establish the client’s credibility.

Our strategies focused on mitigating the damage that was already done by the time we were hired for his E-2 renewal application. To avoid similar complications, always consult an experienced E-2 attorney before making significant changes to your E-2 business, such as relocation, temporary shut-down, selling the business, major changes to the business model, etc.

Results: Our client successfully renewed his E-2 visa for another five years. This case shows that when a business does not meet E-2 renewal requirements, the investor needs a compelling reason and clear actions to prove they can overcome challenges.

For ongoing E-2 visa tips, join our FaceBook group @E-2 Visa Success Tips

To protect our clients' privacy, names of individuals and businesses have been omitted. In some cases, we may also alter or generalize certain details to further safeguard their confidentiality.