Startup Attorney | E-2 Executive Visa Approval

The foreign parent company was an early stage but growth oriented enterprise that had already demonstrated operational viability in its home jurisdiction, with the applicant serving as Chief Executive Officer responsible for corporate strategy, financial oversight, and organizational management.

Upon establishing a U.S. Subsidiary in Washington D.C., the company entered a critical phase where local hiring, vendor contracting, regulatory compliance, and internal control systems had not yet been fully implemented.

Because the subsidiary lacked an independent executive team at launch, the direct involvement of the parent company’s CEO was positioned as a structural necessity rather than a temporary assignment.

A startup attorney reviewed the U.S. Corporate documents, capitalization structure, and initial operating agreements to ensure that the CEO’s authority and responsibilities were clearly reflected in formal records rather than described abstractly.

Rather than presenting the applicant as a general manager or advisor, the E-2 filing emphasized executive authority consistent with treaty investor regulations, including control over budgeting, hiring decisions, vendor negotiations, and long term operational planning.

The startup attorney structured the role description to demonstrate that the applicant would exercise discretionary decision making power that could not be delegated to local hires during the subsidiary’s formative stage.

This approach ensured consistency between the applicant’s historical CEO functions at the parent company and the anticipated duties within the Washington D.C. Entity, avoiding role inflation or mismatch.

The applicant’s prior experience as Chief Executive Officer was not described in generic leadership terms but mapped directly to identifiable operational functions such as corporate governance design, financial controls, compliance supervision, and inter company coordination.

The startup attorney demonstrated how these same functions were essential to the U.S. Subsidiary’s survival during its initial operational cycle, particularly where internal systems had not yet been localized.

By presenting continuity rather than reinvention of duties, the filing avoided the common E-2 pitfall of portraying executive roles as symbolic or redundant.

The U.S. Entity’s bylaws and internal resolutions expressly delegated authority to the applicant for signing contracts, approving expenditures, overseeing regulatory filings, and directing early hiring decisions.

This documentation supported the legal argument that the applicant would not merely supervise from abroad but would actively direct day to day operations in Washington D.C. During the startup phase.

A startup attorney ensured that these internal governance documents aligned with District of Columbia corporate law requirements, reinforcing the legitimacy of the executive structure presented to the consular officer.

The legal team identified recurring E-2 interview themes, including the necessity of the applicant’s physical presence, the non marginal nature of the enterprise, and the long term operational plan for the U.S. Subsidiary.

Rather than overloading the application with technical exhibits, the startup attorney curated materials that directly supported these themes, ensuring that each document could be clearly explained during the interview.

This approach reduced the risk of inconsistencies between written submissions and verbal responses.

Prior to the consular interview, the applicant conducted structured practice sessions with U.S. Counsel, focusing on articulating executive responsibilities in practical, business driven terms rather than legal abstractions.

The applicant was prepared to explain how specific CEO level decisions would be implemented on the ground in Washington D.C., including timelines for hiring, compliance setup, and revenue generation.

This preparation ensured that the startup attorney’s written narrative was mirrored seamlessly in the applicant’s oral testimony.

Following a standard consular interview process, the applicant’s E-2 Executive visa was approved without requests for additional evidence or role clarification.

The adjudicating officer accepted the necessity of CEO-level involvement based on the documented operational gap at the U.S. Subsidiary and the applicant’s demonstrated authority to address it.

The approval confirmed that executive participation in early stage operations can satisfy E-2 standards when structured accurately.