A global risk management consultancy sought E-2 “treaty investor” classification to transfer executive and managerial-level employees to the company’s U.S. offices and engaged Faegre Baker Daniels to assist. Treaties between the United States and many countries permit foreign nationals from the treaty country to come to the United States with an E-2 visa to manage substantial investments in U.S. business operations. The U.S. company must be majority owned by nationals of the treaty country.
As the first step, the FaegreBD immigration team prepared the E-2 corporate registration application on behalf of the global risk management consultancy and filed it with the appropriate U.S. Consulate. Drawing on prior experience in this area, the team counseled the consultancy on the specific E-2 investment-related requirements.
After securing the E-2 company registration, the second step was to prepare the corresponding E-2 visa applications for the key employees to be transferred to the U.S. to develop and direct the U.S. business. The E-2 regulations require that E-2 visa applicants in an “executive/supervisory” capacity assume control and responsibility for the U.S. company’s overall operation. In this case, the FaegreBD team not only had to demonstrate that the E-2 visa applicants met the regulatory requirements, but the team also had to help the company navigate sensitive issues of inadmissibility for one of the prospective E-2 transferees.
Ultimately, the U.S. Consulate approved all of the E-2 visa applications, and the executive and managerial-level employees and their families were able to enter the U.S. to commence employment.