Brooklyn Lawyers | Immediate E-2 Visa Approval

During preliminary review, counsel identified that although the business itself met the “real and operating enterprise” requirement under 8 C.F.R. §214.2(e), certain supporting documents lacked alignment with current investment tracing expectations.

Rather than allow the application to proceed toward a discretionary refusal, the legal team advised withdrawal before a final adjudication.

This approach preserved the applicant’s eligibility record and prevented the creation of adverse immigration history.

The E-2 classification was evaluated under INA §101(a)(15)(E) and 8 C.F.R. §214.2(e), requiring proof of nationality, substantial investment, non marginality, and intent to depart upon termination of status.

The revised petition clarified the lawful source and path of funds, managerial control, and proportionality of the investment relative to the enterprise.

All representations were prepared to meet consular scrutiny without reliance on speculative projections.

To reinforce operational legitimacy, the business structure complied with the New York Business Corporation Law and applicable New York Department of State registration requirements.

Commercial lease documentation, tax registration records, and operational contracts were reorganized to reflect active and lawful business conduct within New York.
This alignment reduced discretionary uncertainty during visa adjudication.

Upon submission, the refiled E-2 application was approved without request for further evidence.

The approval reflected clear satisfaction of treaty investor requirements and procedural completeness.

No administrative processing delay or supervisory review was imposed.

Each dependent was granted E-2 status sequentially, permitting lawful residence and school enrollment in New York.

The spouse became eligible to apply for employment authorization under current USCIS regulations upon entry.

The family’s coordinated admission ensured full compliance with U.S. Immigration and New York residency requirements.