Case Studies: E-2 for Essential Employee- Singapore

Client: Singapore - based wealth management company
Industry: Securities trading
Visa Type: E-2 Treaty Investor Visa
Country: Singapore

Synopsis

Our client had established a company in the United States to provide their existing international business clients with direct market access to U.S.- listed securities, and to commence business operations, they needed to transfer certain key personnel to the United States. One such employee they had wished to transfer was someone who was extensively involved in the development of the company’s proprietary IT system which would serve as the backbone of their US entity’s technological ecosystem.

Highlights & Challenges

There is no bright-line test for determining whether someone is an “essential employee” for E-2 visa purposes.  There is no exhaustive list and consular officers look at various factors in assessing the “essentiality” claim.  We worked very closely with the client in understanding the employee’s specific involvement in the IT platform, nature of the system s vis-a -vis the company’s business and related operations procedure manual and other work-related documents to understand the employee’s ongoing contribution.

In addition to providing extensive details about the IT platform, we also provided documents evidencing the employee’s involvement.

Results

Successful E-2 application and interview at the Singapore Consulate.

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