Find a Lawyer in New Jersey E-2 Investor Visa Approval

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.

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.

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.

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.

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.

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.

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.

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.