US Visa Approved - Malescu Law

E2 Visa Approved for Holding Company Investment

Success! A Canadian citizen successfully obtained a 5-year E2 visa at the US Consulate in Toronto by investing in a US business through a holding company. The processing time at the US Consulate in Toronto, Canada was 2 months, from submission to approval. The Consulate approved the case without a Request for Further Evidence.

This case had few particularities, including the investor’s history of E2 status in the US, the transition from a previous E2 business to a new venture in construction and junk removal (operating in Texas), and the establishment of a holding company for this investment.

We also successfully navigated a change of employer petition with USCIS for the holding company and its operating subsidiary. A key aspect was the investor’s strategic use of existing equipment from a prior E2 business as their capital contribution to the holding company.

Prior to the consular interview, USCIS approved a change of employer to the holding company. It’s important to note that any substantial changes to the E2 business necessitate prior approval from USCIS on Form I-129 regarding the terms of employment, unless the US Consulate approves the changes.

In this case, investing through a holding company required prior USCIS approval for a change of employer, as the investor was in the United States on an E2 status previously approved for a different business.

This approval shows that investment through a holding company structure is viable for E2 visa purposes, and offers investors flexibility for future investments.

Key Takeaways E2 Visa for Holding Company:

  • Holding Company Structure Viable for E2 Visa: Investment through a holding company is a successful pathway for obtaining an E2 visa with substantial flexibility for further investments in the United States, and potentially an EB-5 green card or EB-1C green card.

  • Prior E2 Status: The investor held E2 status in the United States for 3 years which they obtained through a change of status to E2 application. The investor initially came to the United States on B1 status and applied for E2 while in the US based on an investment in a previous E2 business.

  • Transition from prior E2 business to holding company investment: The investor transitioned from their initial E2 business by investing through a holding company in an operating company involved in construction subcontracting and junk removal services in Texas. Through the holding company, the investor owns 50% of the operating company with an equal 50% partner.

  • Strategic Use of Existing Assets: The investor’s new business was in a similar industry to their first E2 business, allowing for the transfer of existing business equipment and machinery as the capital investment into the holding company, which then utilized these assets for the junk removal services. Consequently, the investor did not invest any cash in the holding company.

  • USCIS Change of Employer: When the investor made the investment in the junk removal business through the holding company, our firm simultaneously filed for and received USCIS approval for the change of employer to the holding company and its operating subsidiary. USCIS approved the E2 change of employer to the holding company for two years, the maximum period allowed under the regulations.

  • Flexibility for Future Investments: The holding company structure offers E2 investors flexibility to invest in diverse business opportunities under the umbrella of the holding entity.

Overview of E2 Visa

The E-2 Investor Visa is a nonimmigrant visa for nationals of treaty countries to live and work in the U.S. by investing in a US business. This visa also extends to the investor’s spouse and unmarried children under 21. Furthermore, E-2 businesses can bring employees in executive, managerial, or specialized roles essential to the firm’s operations in the U.S. You can establish a new business or buy an existing business to qualify for the E-2.

To learn more about visas for Canadians, visit E2 visa for Canadians and US visa for Canadian citizens.

To learn more about the options available for children aging out E2 visas visit Children aging out of E2 visa: What are their options?

Malescu Law can assist

Our E2 visa lawyers can assist you in navigating complex E2 visa cases, especially those involving business transitions and holding companies, among others. We can also assist with forming holding company structures.

Contact us, your experienced immigration lawyers to schedule an appointment for your immigration case and find out more about other E-2 visa success stories and approvals and E-2 visa for spouse and dependentsE-2 visa renewal processother investment visa options and other visa options to start a business in the US for you.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

Malescu Law P.A. – Business & Immigration Lawyers

 

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