1. Law Firm New Jersey United States | Case Background and Assignment Overview
The case involved a foreign national employee selected for U.S. assignment following a corporate decision to expand operational oversight in the United States.
Although the U.S. assignment was bona fide and business driven, the employee’s tenure at the current employer was under one year, requiring a legally sound alternative to the L-1 visa category.
Business Expansion and U.S. Assignment Decision
The U.S. entity was a treaty qualified company majority owned by nationals of an E-2 treaty country and actively engaged in commercial operations within the United States.
The foreign national was identified as essential to the U.S. business due to specialized operational knowledge, technical expertise, and managerial capacity accumulated over a long professional career in the same industry.
While the decision to deploy the employee to the United States was recent, the need for on site leadership was immediate and supported by concrete business records, contracts, and growth projections, allowing the law firm New Jersey to assess E-2 employee eligibility with confidence.
2. Law Firm New Jersey United States | Employment History and Professional Qualifications
A central issue in this case was the applicant’s relatively short employment period with the current sponsoring company, which could have undermined eligibility under other nonimmigrant visa categories.
Instead of focusing narrowly on current tenure, the strategy emphasized cumulative professional experience and continuity of expertise across prior employers.
Prior Industry Experience and Role Consistency
Although the applicant had been employed by the sponsoring company for less than twelve months, the individual had accumulated many years of directly relevant experience at prior companies within the same industry, performing substantially similar duties.
Detailed documentation demonstrated that the applicant’s role at the current employer was a natural continuation of prior professional functions rather than a newly acquired or speculative position.
By presenting employment records, reference letters, and project histories in a coherent narrative, the law firm New Jersey was able to establish that the applicant possessed the specialized skills contemplated by E-2 regulations, independent of strict tenure metrics.
3. Law Firm New Jersey United States | Legal Strategy and E-2 Visa Structuring
Rather than attempting to stretch L-1 standards beyond their intended scope, the case strategy deliberately shifted toward the E-2 employee classification, which focuses on nationality, treaty eligibility, investment structure, and the essential nature of the employee’s role.
Choosing the E-2 Framework Over L-1
U.S. immigration law does not impose a fixed minimum employment duration for E-2 employees, provided that the applicant shares the treaty nationality of the qualifying enterprise and will serve in an executive, supervisory, or essential skills capacity.
The legal analysis centered on aligning the factual record with these statutory and regulatory criteria, demonstrating that the applicant’s skills were not readily available in the U.S. labor market and were critical to the efficient operation of the U.S. company.
This strategic reframing, implemented by a law firm New Jersey experienced in employment based visas, reduced adjudicatory friction and presented the case on its strongest legal footing.
4. Law Firm New Jersey United States | Evidence of U.S. Company Operations and Visa Approval
Beyond the employee’s qualifications, the success of the case depended heavily on proving that the U.S. entity was a real, active, and viable enterprise capable of supporting E-2 status.
Demonstrating Active Business and Approval Outcome
The petition package included comprehensive evidence of the U.S. company’s lawful formation, treaty ownership structure, ongoing commercial activity, and financial health, including leases, payroll records, tax filings, and client agreements.
These materials confirmed that the enterprise was not marginal and that the applicant’s presence in the United States would directly advance business operations rather than merely support passive investment.
Following consular review, the E-2 visa was issued without additional requests, illustrating how careful alignment of facts, law, and presentation can overcome perceived weaknesses such as short current employment history when handled by a law firm New Jersey with focused immigration expertise.
13 Jan, 2026
