1. Immigration Law Brooklyn | Case Overview and U.S. Market Entry Objective
The client was an international logistics and freight management company specializing in cross border transportation coordination, warehouse optimization, and supply chain compliance.
To support East Coast operations, the company formed a New York subsidiary and sought to transfer two senior employees under the E-2 Treaty Investor visa category pursuant to INA §101(a)(15)(E)(ii).
Immigration law Brooklyn counsel was retained to address ownership complexity and early stage operational concerns under both federal immigration law and New York State corporate regulations.
Corporate expansion strategy and E-2 eligibility framework
The U.S. entity was incorporated in New York in compliance with the New York Business Corporation Law §§401–404, with proper registration, registered agent designation, and operating authority secured prior to visa filing.
Although the ownership chain involved multiple foreign holding companies, counsel traced treaty nationality through controlling shareholders in accordance with 8 C.F.R. §214.2(e)(2).
This analysis confirmed that the enterprise satisfied the nationality and control requirements necessary for E-2 classification despite its layered structure.
2. Immigration Law Brooklyn | Investment Structure and Operational Readiness
Because the New York subsidiary had been established less than one year before filing, evidentiary preparation focused on demonstrating that the enterprise was real, active, and non marginal as required under 8 C.F.R. §214.2(e)(15).
The legal team emphasized forward looking commercial activity rather than historical U.S. revenue alone.
This approach reflected current adjudicatory trends observed by immigration law Brooklyn practitioners in E-2 cases.
Capital deployment and business activity documentation
The company documented substantial at risk capital investment through executed warehouse leases, logistics software licensing agreements, vehicle service contracts, and third party carrier partnerships.
Bank records, vendor invoices, and service agreements demonstrated that funds were irrevocably committed to U.S. operations rather than passively held.
Business plans projected job creation for U.S. workers within five years, aligning with non marginality standards recognized by the Department of State’s Foreign Affairs Manual (9 FAM 41.51 N.14).
3. Immigration Law Brooklyn | Employee Qualifications and Role Necessity
The two E-2 applicants consisted of the U.S. subsidiary’s general manager and a senior operations manager responsible for carrier coordination and regulatory compliance.
Each role was evaluated under the “executive or supervisory” and “essential employee” standards set forth in INA §101(a)(15)(E) and 8 C.F.R. §214.2(e)(2).
Immigration law Brooklyn counsel structured the filings to clearly distinguish these roles from routine operational positions.
Managerial authority and essential expertise analysis
The general manager was shown to possess authority over budgeting, vendor negotiations, staffing decisions, and compliance oversight under New York transportation and commercial regulations.
The operations manager held proprietary knowledge of the company’s international routing systems and compliance protocols, skills not readily available in the U.S. labor market.
Organizational charts and job descriptions demonstrated that both employees functioned at a strategic level rather than performing hands on labor.
4. Immigration Law Brooklyn | Consular Interview Strategy and Final Approval
Given recent scrutiny trends at the U.S. Embassy, counsel prepared a detailed interview strategy focused on ownership transparency and operational credibility.
During the consular interview, the officer raised targeted questions regarding the multinational ownership structure and the subsidiary’s early stage operations.
Because of advance preparation guided by immigration law Brooklyn experience, the applicants responded consistently and clearly.
Interview outcome and visa issuance
The consular officer accepted the explanations regarding treaty nationality, investment control, and operational substance without requesting additional documentation.
Both the general manager and the operations manager received E-2 visa approvals without administrative processing delays.
The case concluded with full visa issuance, enabling lawful and immediate commencement of U.S. operations in New York.
15 Jan, 2026
