1. Best Lawyers in Brooklyn NY | Background of the Visa Denial Crisis
The client was an overseas engineering and infrastructure services company with long standing contractual relationships supporting public sector development projects.
To establish a U.S. presence, the company formed a New York corporation under the New York Business Corporation Law (NY BCL) and sought to assign a senior executive to oversee operations.
However, prior visa refusals under B-1/B-2 and E-2 classifications halted the planned expansion and required immediate legal reassessment.
Prior visa refusals and business impact
The initial B-1/B-2 application was denied after consular officers determined that the proposed activities exceeded permissible visitor business conduct under 22 C.F.R. § 41.31.
A subsequent E-2 Treaty Investor visa petition was also refused, with the consulate citing insufficient investment capitalization and inadequate evidence of active U.S. operations under 8 C.F.R. § 214.2(e).
These denials delayed contractual performance timelines and exposed the company to potential loss of U.S. based commercial opportunities.
2. Best Lawyers in Brooklyn NY | Legal Analysis Under E-2 Treaty Investor Standards
Upon engagement, counsel conducted a comprehensive review of the company’s investment structure, staffing model, and regulatory posture.
The analysis focused on compliance with the E-2 Treaty Investor requirements established under Section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (INA).
Special attention was given to proportionality, operational control, and economic impact factors evaluated by U.S. consular authorities.
Identifying structural deficiencies in the prior filing
Legal counsel identified two primary weaknesses in the earlier E-2 submission.
First, the U.S. entity’s investment level did not meet the proportionality test commonly applied by the Department of State’s Foreign Affairs Manual (9 FAM 41.51).
Second, the company’s minimal local workforce undermined its claim of generating economic benefit within New York, a factor weighed heavily in discretionary adjudication.
3. Best Lawyers in Brooklyn NY | Strategic Investment and Employment Restructuring
Based on this assessment, counsel advised a targeted restructuring plan to align the enterprise with treaty investor expectations.
The strategy emphasized tangible capital deployment, payroll expansion, and documentation transparency consistent with federal immigration standards.
Execution of these measures was coordinated with New York corporate and labor compliance obligations.
Capital infusion and local hiring measures
The company injected an additional USD 300,000 into the U.S. operating account, fully at risk and irrevocably committed to business use.
In parallel, two full time U.S. employees were hired in compliance with New York Labor Law and federal employment verification requirements under 8 U.S.C. § 1324a.
These actions materially strengthened the company’s showing of active commercial operations and economic contribution.
4. Best Lawyers in Brooklyn NY | E-2 Visa Approval and Business Deployment Outcome
Following implementation, a new E-2 visa application was submitted with updated financial records, payroll documentation, and operational evidence.
The petition directly addressed prior refusal grounds while clearly demonstrating treaty eligibility under applicable federal regulations.
The result was a clean approval without further requests for evidence or administrative delay.
Executive deployment and lawful U.S. operations
The approved E-2 visa permitted the transfer of a senior managerial executive to New York in an executive capacity.
This allowed lawful oversight of U.S. contracts, compliance management, and business development activities within the state.
The case underscores how structured legal intervention by the best lawyers in brooklyn ny can convert prior visa denials into sustainable immigration outcomes.
19 Jan, 2026
