1. Find a Lawyer in New Jersey United States | Case Background and Investor Profile
This matter involved a treaty country national who sought entry to the United States under the E-2 investor visa category after establishing a new U.S. business entity rather than acquiring an existing operation.
From the outset, the applicant worked closely with counsel to ensure that the investment structure, ownership percentage, and operational plan aligned with federal E-2 standards applicable to newly formed enterprises.
The decision to find a lawyer in New Jersey was driven by the need for jurisdictionally experienced legal guidance familiar with both USCIS and consular adjudication trends.
Initial Business Formation and Investment Structure
The applicant formed a U.S. company that was properly registered under applicable state law, with the investor holding a controlling ownership interest sufficient to meet E-2 treaty requirements.
Capital was irrevocably committed to the business prior to visa adjudication and was deployed toward legitimate start up expenses such as commercial leasing, equipment procurement, inventory acquisition, and initial marketing efforts.
The investment was structured to demonstrate that funds were at risk and actively used for business operations rather than merely parked in a corporate account, a factor that is closely scrutinized in E-2 adjudications.
Strategic Planning for a New Enterprise E-2 Case
Because newly established businesses lack long term operating history, the legal strategy focused on presenting a credible and detailed operational narrative supported by real world financial activity.
Rather than relying solely on projected business plans, the case emphasized actual performance data generated during the early months of operation.
This approach allowed the applicant, with guidance from counsel in New Jersey, to address common consular concerns regarding speculative or marginal enterprises.
2. Find a Lawyer in New Jersey United States | Operational Evidence and Revenue Growth Analysis
A central issue in E-2 adjudication is whether the enterprise is more than marginal and has the present or future capacity to generate more than minimal living income for the investor.
In this case, the applicant was able to present concrete operational evidence demonstrating that the business was actively producing revenue and trending toward sustained growth.
The decision to find a lawyer in New Jersey proved critical in organizing and presenting this evidence in a manner consistent with U.S. immigration standards.
Three Month Operational Track Record and Financial Documentation
At the time of visa application, the business had been in continuous operation for approximately three months, during which it generated measurable and increasing monthly revenue.
Financial records showed a clear upward trajectory from the first month of operations to the third month, supported by bank statements, invoices, client contracts, and internal financial summaries.
These materials were carefully curated to demonstrate that the enterprise was not dormant or hypothetical, but rather engaged in active commercial transactions consistent with its stated business purpose.
Demonstrating Non Marginality Through Actual Performance
Instead of relying exclusively on forward looking projections, the case highlighted real performance indicators that supported the enterprise’s long term viability.
The increasing revenue trend, combined with controlled operating expenses, allowed the applicant to credibly argue that the business was positioned to exceed marginal income thresholds within a reasonable period.
This evidence based approach aligns with how consular officers evaluate E-2 cases involving newly formed companies.
3. Find a Lawyer in New Jersey United States | Employment Creation and Business Stability Factors
Another critical element of E-2 eligibility is the enterprise’s contribution to the U.S. economy, particularly through job creation or the clear capacity to employ U.S. workers.
In this case, the applicant was able to show early stage hiring decisions that reinforced the business’s operational legitimacy and growth potential.
Legal guidance from a professional familiar with E-2 standards helped ensure that employment evidence was presented accurately and credibly.
Early Hiring Decisions and Workforce Expansion
During the initial month of operations, the business was operated solely by the investor to stabilize core processes and client acquisition.
By the third month, however, the enterprise had hired its first U.S. employee, reflecting both increased workload and revenue growth.
Payroll records, employment agreements, and tax documentation were included to demonstrate that the hiring was bona fide and aligned with normal business expansion rather than undertaken solely for immigration purposes.
Long Term Employment Projections and Operational Continuity
In addition to existing employment evidence, the case included a realistic hiring plan tied to documented revenue growth and operational needs.
The projections were conservative, industry specific, and consistent with the company’s actual performance to date, reinforcing the credibility of the business model.
This balance between current employment and future expansion is a key consideration in E-2 adjudications for new enterprises.
4. Find a Lawyer in New Jersey United States | Visa Strategy, Legal Compliance, and Outcome
The successful outcome of this case underscores how careful legal structuring and documentation can support E-2 approval even when the business is newly established.
Rather than presenting the matter as an exception to E-2 norms, the strategy focused on demonstrating full compliance with existing legal standards through concrete evidence.
For investors seeking to find a lawyer in New Jersey, this case illustrates the value of proactive planning and jurisdictionally informed legal support.
Alignment with E-2 Treaty Investor Requirements
All elements of the application were structured to align with E-2 treaty investor criteria, including treaty nationality, qualifying investment, operational control, non marginality, and intent to depart upon visa expiration.
No extraordinary legal arguments were required; instead, the case relied on clear factual alignment with established E-2 principles as applied to new businesses.
Final Adjudication and Practical Implications
Based on the totality of the evidence, the E-2 visa was approved without procedural delay, allowing the investor to continue expanding U.S. operations and workforce development.
This case demonstrates that newly formed businesses can qualify for E-2 classification when early operational success is properly documented and legally framed, particularly with guidance from counsel experienced in investor visa strategy.
15 Jan, 2026
