E-2 Visa Petition Successfully Approved

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Our client is a young entrepreneur and the founder of a company specializing in high-quality electronic products. The company entered the U.S. market in 2024 and provides electronic products to customers in the sector. The company aims to reach $2 million in annual revenue by the end of year five. The petitioner is the sole owner and president of the company and manages all operations. The petition was submitted with the required documentation supporting the investment, active management, and sustainable business model requirements for the E-2 visa.

The E-2 visa allows entrepreneurs from countries with trade agreements with the U.S. to start and manage businesses. The petitioner must demonstrate active management of their business in the U.S. for a successful E-2 application. Strategic approaches for a successful E-2 petition are as follows:

• Sufficiency of Investment and Business Sustainability

The petition must clearly show that the investment is sufficient not only for the start-up phase but also for future growth and sustainability. The investment should not only cover initial business costs but also align with the growth potential for the future.

• Active Management

The petitioner must prove they have an active management role as the owner and manager of the business. It’s essential that the petitioner not only handles daily operations but is also involved in the long-term strategies and growth plans of the business. Documents that outline the petitioner’s management role and active involvement in the business are crucial.

• Business Plan and Growth Strategy

The business plan should not only describe the current operations but also include future expansion plans. It must detail how the investment will drive growth opportunities in the U.S. market, including steps the petitioner will take to achieve these goals. Plans for new products and store openings should be included to show the business’s sustainability and growth potential.

• Market Analysis and Competitive Advantage

The petition should include a market analysis that clearly presents the company’s competitive advantage. Information on the company’s position in the sector, target market segments, and competitive advantages will prove that the business is built on strong foundations and has the potential for future success.

1. Insufficient Investment

Challenge: USCIS may question whether the investment is "sufficient."
Solution: The investment should be demonstrated as covering all stages of the business, from its initial startup costs to its growth goals.

          2. Proving Active Management

Challenge: The petitioner may need to prove how active they are in managing the business.
Solution: Detailed documents about the management process and references outlining the petitioner’s active role in business operations should be provided.

         3. Sustainability and Growth Plans of the Business

Challenge: USCIS may inquire about the sustainability of the business and its future growth potential.
Solution: The business should be supported by concrete data, such as market research, five-year growth strategies, and projected revenue, along with proof of its existing success.

This petition was successfully approved after all E-2 visa requirements were met. The company's growth plans, investment strategy, the petitioner’s active management role, and the business’s sustainability were clearly demonstrated.

Merit Law LLP offers strategic support for investors and entrepreneurs seeking E-2 visas. By preparing applications that highlight critical elements such as the size of the investment, active management, business sustainability, and future growth goals, we can help improve your chances of success.

If you are considering applying for an E-2 visa and would like to review the strategic aspects of your business plan and the application process, please contact us for a consultation.