Tag: e2 visa case study

Set up beauty company in US

Success Story: E2 Visa for Skincare Business Owner

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We are happy to share that we have successfully assisted a Norwegian national with his Visa E2 USA application. The client acquired an existing company which is a developer, manufacturer, marketer, distributer, and online retailer of organic skincare products.

The E2 business

The Company offers its skincare products to markets across the globe, including the U.S., Europe, Mexico, Taiwan, and Southeast Asia. ISUN Skincare’s product line consists of both professional products sold to business-to-business (B2B) clients and retail products for sale through business-to-customer (B2C) channels. 

Challenges

There were a lot of challenges to overcome with the application. The total acquisition cost of the company is in the millions and the applicant was only able to make a 10% down payment. Our team had to work with the client and the seller to structure the deal to make the investment E-2 compliant. We also successfully used the escrow account mechanism to minimize the risk on the part of the applicant/investor.

What is an E-2 Visa?

The E-2 Treaty Investor Visa permits citizens of treaty countries to move to the United States to invest in and run a business there. While there are no minimum investment levels, E-2 investors must make a substantial investment in a US business – which could also include a franchise. The E-2 visa is a temporary, non-immigrant visa, but it is possible to keep renewing the visa so long as the underlying business continues to operate. Spouses of E-2 visa holders are authorized to work in the United States and children under 21 can accompany their parents.

What if you are not from an E-2 Treaty Country?

Check our list to see if your country has an E-2 treaty with the United States. If it does not have an E-2 treaty and you wish to apply, you can first become a citizen of an E-2 treaty county. Our firm offers a Grenada Citizenship by Investment + E-2 Visa package and a Turkish Citizenship by Investment + E-2 Visa package. Contact us for more information.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content..

E-2 Visa approved for a Singaporean national during COVID-19

E-2 Visa: Change of Status approved for a Singaporean national amidst the COVID-19 pandemic

usimmigrationadvisor

By Verdie Atienza

The client entered the US on a visitor’s visa and recognized the opportunity to set up a full-service business coaching and management consulting company with the goal of improving client’s profitability and increasing operational efficiency. He is the head of a private equity and capital markets firm in Singapore responsible for raising millions in sees capital from various investors and overseeing all aspects of business strategy, corporate governance and product development for global startups. 

The client decided to apply to change status to E-2 Treaty Investor Visa for the following reasons:

  1. He wanted to capitalize on the opportunity in the US;
  2. He was concerned about not being able to come back to the US as soon as he would like if he applies for the E-2 visa at the Embassy because of COVID-19;
  3. He wanted to immediately be able to develop and direct the US company.

With the assistance of D&A, the client was able to timely file an application to change status to E-2. As expected, he received a request for evidence. The challenges to his E-2 change of status application were as follows:

  1. He was required to provide for additional evidence to prove business viability since his company is a start-up;
  2. He was asked to prove his capacity to develop and direct the enterprise considering that the company is a service-oriented one. USCIS has been known to issue RFEs for service-oriented businesses with the treaty investor applicant  as one of the primary service providers.
  3. He was required to prove his non-immigrant intent.

D&A successfully overcame the RFE and obtained an approval for the client. Our team worked closely with our business plan team to prepare a strong response to prove the business viability of the E-2 company even if it is a start-up. COVID-19 made things more challenging because the lockdown and restrictions to gather in big groups will force the company to resort to online or virtual trainings.

We also had to prove to USCIS that our client has the ability to develop and direct the company. Since the company is a service-oriented business, demonstrating that the client will be performing work that is “solely” focused on developing and directing the E-2 company may be difficult, however, we were able to prove that the activities of the E-2 investor applicant are primarily focused on business management and development. We successfully demonstrated that the client’s performance of consulting activities are incidental to their job developing and directing the business. 

With the approval of the change of status application, the Company will now be able to organize corporate trainings that will lead to the professional development and improvement of the employees. The Company will provide strategic consulting services to businesses, enabling them to achieve sustained, profitable growth. This service segment includes strategic advice in the areas of general growth strategy, leadership development, performance improvement, mergers and acquisitions, and corporate portfolio design. In the area of leadership development, the Company’s team views employee engagement as a potential source of competitive advantage. The services of the Company become particularly relevant as the most US companies have to rise above the economic slowdown as a result of the pandemic.

The E-2 Treaty Investor Visa offers the opportunity to invest in and own a business in America. Applicants must come from an E-2 Treaty country. Click here to find out if your country holds an E-2 Treaty with the United States. If your country does not have an E-2 Treaty with the United States, it is possible to quickly obtain citizenship by investment of an E-2 Treaty country which would make you eligible. Grenada Citizenship by Investment and Turkish Citizenship by Investment are the quickest routes to E-2 Visa eligibility.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.