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Attorneys Brooklyn Securing Immediate E-2 Executive Visa Approval for a Global F&B Franchise Expansion in New York



A globally recognized food and beverage franchise sought to expand its brand presence into New York through the launch of a new U.S. based concept.


To achieve this goal, the company required the lawful transfer of a senior managerial executive under the E-2 Treaty Investor visa category.


Attorneys Brooklyn were retained to structure the investment, clarify ownership history, and prepare the applicant for direct consular approval under U.S. immigration law.

Contents


1. Attorneys Brooklyn New York | Case Background and U.S. Market Entry Strategy


Attorneys Brooklyn New York

 

 

This matter involved a foreign owned F&B enterprise with an established international footprint seeking to operate a newly branded restaurant group in New York City.


Attorneys Brooklyn were engaged to align the company’s expansion strategy with federal E-2 visa requirements and New York business compliance standards.


The legal objective was to demonstrate lawful ownership, active U.S. operations, and executive-level necessity under applicable regulations.



Corporate history and complex ownership restructuring


The parent company had undergone multiple equity transfers through mergers and acquisitions over several years, resulting in a layered ownership structure.


Attorneys conducted a comprehensive review of shareholder agreements, capitalization tables, and transaction records to establish treaty nationality compliance under INA §101(a)(15)(E) and 8 C.F.R. §214.2(e).


Supporting documentation was reorganized to present a clear chain of ownership acceptable to U.S. consular standards.


This step was critical in eliminating ambiguity that could otherwise trigger administrative processing or refusal.



2. Attorneys Brooklyn New York | E-2 Treaty Investor Eligibility and Investment Compliance


The E-2 application required proof that the U.S. entity was more than a marginal enterprise and actively engaged in commercial operations.


Attorneys Brooklyn structured the submission to satisfy federal investment and operational thresholds.


Particular care was taken to align the business model with New York regulatory requirements.



Substantial investment and operational readiness


The U.S. subsidiary demonstrated substantial capital investment through executed commercial leases, vendor contracts, and payroll registration.


Evidence confirmed ongoing operations consistent with New York Business Corporation Law §401 and local licensing requirements for food service establishments.


The legal team emphasized that the enterprise was actively producing goods and services, not merely in a preparatory stage.


This positioning directly supported non-marginality findings under E-2 adjudication standards.



3. Attorneys Brooklyn New York | Executive Role Assessment and Managerial Qualification


The visa applicant was appointed as a general operations manager responsible for overseeing multiple business units in New York.


Although the executive had recently joined the organization, Attorneys Brooklyn focused on demonstrating functional authority rather than tenure alone.


This distinction was central to E-2 executive and supervisory classification.



Executive control and supervisory authority


The applicant’s role included budget control, vendor negotiations, staffing oversight, and brand-level operational decision-making.


Past experience in international franchise expansion and cross-border operations supported qualification as an executive under 8 C.F.R. §214.2(e)(2).


Organizational charts and internal governance documents were used to illustrate managerial discretion.


This approach aligned with consular guidance emphasizing substance over job title.



4. Attorneys Brooklyn New York | Consular Interview Strategy and Approval Outcome


Given the company’s prior corporate complexity, interview preparation was treated as a critical phase of the case.


Attorneys Brooklyn provided targeted guidance addressing likely ownership and control questions.


The result was an immediate approval at the U.S. consulate.



Interview preparation and immediate approval


The applicant attended the consular interview fully prepared to explain ownership history, operational structure, and executive duties.


Clear and consistent responses eliminated any concern regarding treaty eligibility or managerial necessity.


The E-2 visa was approved on the spot without administrative processing or additional document requests.


This outcome allowed the company to proceed with its New York expansion without delay.


16 Jan, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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