Case Studies: E-2 for Footwear / Fashion | Germany Visa Lawyers Davies & Associates LLC
| Client: | Christel Kelly |
| Industry: | Footwear / Fashion |
| Visa Type: | E-2 |
| Country: | Germany |
Synopsis
E-2 for Footwear / Fashion | Germany Visa Lawyers Davies & Associates LLC
E-2 treaty investor visa approved at the U.S. Consulate in Frankfurt for a German fashion designer relocating a patented shoetree business to the United States – case led by Verdie Atienza of Davies & Associates’ New York office.
Our client dedicated several years to the prototyping and patenting of custom-designed shoetrees. This product would be directed towards the high-end women’s footwear market. The client sought to vertically integrate all business activities in the United States from manufacturing to retail, applying through the E-2 visa pathway available to German nationals.
Documenting Substantial Investment for a German Designer’s E-2 Application
The client was very organized and could provide extensive documentation of the capital spent to develop prototypes as well as secure the patent of her shoetree design. This is critical for purposes of the E-2 visa, as the applicant’s financial commitment is key to the de government’s decision. Specifically, the Consular officer will evaluate the facts of the application in making a determination as to “substantial investment” under the established E-2 visa investment requirements. Clear financial recording and accounting will always help satisfy this requirement, and applicants should also factor in the overall cost of pursuing an E-2 visa when planning their capital outlay.
Overcoming the Marginality Hurdle for a Niche Footwear Product
A very real challenge in this case was meeting the “marginality” requirement, given the unique and specific nature of the client’s product – shoetrees. This requires the applicant, amongst other matters, to demonstrate that business will survive in the long-run. With such a “niche” product market, it was important to emphasize the competitive advantages of the client’s product. Lastly, given the specific requirements of Consular filing in Frankfurt, it was necessary for our firm to produce an application that was within the 90-page limitation. Frankfurt is the sole U.S. consular post that processes E-2 visa applications for German nationals, and it is one of the few consulates worldwide that imposes a strict 90-page maximum on the entire E-2 submission – pages cannot be double-sided and miniature pages pasted onto a sheet are not accepted. Drafting an E-2 application that satisfies the “substantial investment” and “non-marginality” requirements within that page limit, while also complying with Frankfurt’s requirement that the application be filed simultaneously in paper and PDF form, is a discipline that distinguishes Frankfurt filings from E-2 filings at most other U.S. posts.
Outcome
Successful E-2 application and interview at the Frankfurt Consulate.
How the Case Was Run
The client dealt exclusively with Verdie Atienza, who heads our global E-2 practice from the New York office. Verdie set the strategy, prepared the substantial investment narrative and oversaw the client’s relocation to the United States, and the firm’s team in Germany handled the local consular logistics for filing in Frankfurt. This is the way Davies & Associates typically runs an E-2 application for a client based in Germany: a single attorney in New York with primary responsibility for the matter, supported by colleagues on the ground at the consulate.
For matters that present unusual difficulty, the firm also operates a separate Complex E-2 team based at Beaufort Court in London. The London team specialises exclusively in high-risk E-2 cases and provides a second opinion on referrals from any of our offices, including Germany. A footwear and fashion case of this kind is well within the firm’s ordinary E-2 practice, but the same global structure was available throughout, with the New York office leading the matter and the London team on hand for any aspect requiring specialist review.
E-2 Visa Work for German Clients in Fashion and Footwear
Davies & Associates has acted for clients across several segments of the fashion and clothing industry on E-2 applications, where the evidentiary issues often involve niche product markets, design patents and brand IP rather than conventional capital expenditure. A closely related matter is the firm’s work for the luxury travel-goods designer Koza, set out in our E-2 case study for a leading fashion designer, where a 5-year E-2 visa was obtained for the lead designer to direct US operations while continuing to serve key non-US markets.
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