1. Lawyers in the Bronx New York | Client Background and Early Stage Business Formation
The client was a foreign national entrepreneur seeking to expand a technology driven business into the U.S. market through New York.
At the time of consultation, the U.S. company had been newly incorporated and was still in its pre revenue phase, raising predictable concerns under E-2 adjudication standards.
Newly formed U.S. entity with no revenue or employees
The U.S. business was organized as a New York corporation in compliance with the New York Business Corporation Law (BCL).
While the entity had no current income or payroll, it maintained an active corporate bank account, executed lease arrangements, and documented capital expenditures.
Lawyers in the Bronx emphasized that E-2 eligibility does not require immediate profitability, but rather a bona fide enterprise capable of producing more than marginal income under 8 C.F.R. § 214.2(e).
2. Lawyers in the Bronx New York | Legal Strategy Under E-2 Treaty Investor Regulations
Given the absence of operational history, the legal strategy focused on statutory interpretation and regulatory guidance rather than short term financial metrics.
The case was structured to demonstrate that the business met both federal immigration standards and New York’s lawful business operation requirements.
Application of federal E-2 standards and New York business law
The E-2 visa petition was prepared pursuant to INA § 101(a)(15)(E) and 8 C.F.R. § 214.2(e), which require a substantial investment in a real and operating enterprise.
Counsel carefully documented lawful source and path of funds, corporate governance compliance under New York law, and active commercial intent.
New York state registration, tax identification, and corporate filings were included to confirm that the entity was not dormant or speculative.
3. Lawyers in the Bronx New York | Business Plan Emphasizing High Value Market Potential
Rather than relying on current revenue, the petition centered on future market impact supported by credible industry analysis.
The business plan became the core evidentiary document establishing E-2 eligibility.
High value technology sector and non marginal income projections
The company was positioned within a technology sector recognized for high value creation in the U.S. market.
The business plan outlined phased development, projected hiring timelines, and revenue forecasts supported by third party market data.
Lawyers in the Bronx highlighted that under E-2 regulations, a business may qualify if it demonstrates present or future capacity to generate more than marginal income for U.S. workers.
4. Lawyers in the Bronx New York | E-2 Visa Approval and Family Derivative Outcomes
Following submission, the case proceeded through consular review without requests for additional evidence.
The adjudicating officer accepted the legal framing and economic projections as sufficient under governing law.
Approval for principal investor and accompanying family
The E-2 visa was approved for the principal investor as well as derivative visas for accompanying family members.
The outcome confirmed that early stage companies may qualify for E-2 status when properly structured under federal immigration law and New York corporate regulations.
This case demonstrates how lawyers in the Bronx can secure E-2 approvals even where revenue and staffing have not yet materialized, provided the legal strategy is precise and evidence driven.
16 Jan, 2026
