1. US Immigration Lawyer New York – Initial Consultation and Legal Misconception
This section explains how the case began and why the initial advice received by the client was legally flawed.
Correcting this misunderstanding was the first critical step toward E-2 approval.
A seasoned US Immigration Lawyer was essential in reframing the issue accurately.
Incorrect Denial Based on State Bar Licensing
The client, a New York State–licensed attorney, consulted a well-known immigration practitioner to ask whether an E-2 visa was available if she worked at a Virginia-based law office.
She was told that because she did not hold a Virginia bar license, she could not lawfully work there and therefore could not qualify for an E-2 visa.
This conclusion effectively shut the door on the case before it began.
Upon further review, a US Immigration Lawyer identified that this advice misunderstood both state bar regulations and federal immigration law.
In the United States, law firms may employ or partner with attorneys licensed in other states, provided that at least one attorney within the firm holds the required local license and supervises state-specific practice.
Clarifying Law Firm Structure and Lawful Employment
During consultation, it was explained that a Virginia law firm may legally employ or admit as a partner an attorney licensed in another state.
As long as the firm itself is properly organized and includes a Virginia-licensed attorney, multi-state practice is permitted under professional responsibility rules.
Based on this correct legal framework, the US Immigration Lawyer advised that E-2 eligibility was not barred and that the client could lawfully work as a managing partner within a restructured law firm.
This analysis restored viability to the E-2 strategy.
2. US Immigration Lawyer New York – E-2 Strategy and Business Structure
This section outlines how the E-2 petition was strategically designed to meet treaty investor requirements.
The client’s background and proposed role were carefully aligned with E-2 standards.
Guidance from a US Immigration Lawyer ensured that every structural element supported approval.
From In-House Counsel to Managing Partner
The client previously served as in-house corporate counsel in Korea, handling high-level legal and business matters.
Leveraging this experience, the E-2 plan positioned her as a managing partner of a newly structured Virginia-based law firm that evolved from a solo practice into a multi-attorney firm.
This role emphasized executive management, client development, and firm expansion rather than state-specific courtroom practice.
The US Immigration Lawyer ensured that the job description focused on managerial and investment-driven functions, consistent with E-2 requirements.
Investment and Ownership Alignment
The E-2 application demonstrated substantial investment into the U.S. enterprise, including firm restructuring, operational capital, and growth planning.
Ownership percentages and managerial control were clearly documented to show that the client would direct and develop the business.
Through careful drafting, the US Immigration Lawyer eliminated any ambiguity regarding authority and economic stake, reinforcing treaty investor eligibility.
3. US Immigration Lawyer New York – Addressing the Marginality Issue
This section explains how the most critical risk factor marginality was addressed and overcome.
For professional services businesses, profitability is often closely scrutinized.
A detailed business plan prepared by a US Immigration Lawyer proved decisive.
Five-Year Business Plan and Financial Projections
To overcome marginality concerns, a comprehensive five-year business plan was prepared using objective industry statistics.
The plan projected realistic revenue generation for a two-attorney law firm operating in the Virginia legal market.
The US Immigration Lawyer included a detailed pro forma cash flow statement demonstrating that the firm would generate income well beyond supporting the investor alone.
This financial clarity was critical to satisfying E-2 non-marginality standards.
Employment and Expansion Strategy
The submission also included a human resources management plan outlining future hiring, administrative staffing, and operational growth.
A clear business expansion strategy showed how the firm would scale services and increase employment over time.
By presenting a credible path to job creation and sustainable growth, the US Immigration Lawyer neutralized one of the most common grounds for E-2 denial.
4. US Immigration Lawyer New York – Consular Interview and Final Approval
This section covers the interview process and final outcome.
Thorough preparation ensured that the case spoke for itself even before the interview began.
Interview Outcome With No Substantive Questions
The consular officer had pre-reviewed the submission package in detail. At the interview, the only question asked was when the client planned to enter the United States. No further clarification or documentation was requested.
This outcome reflected the strength of the preparation by the US Immigration Lawyer, as the case met all adjudicatory concerns in advance.
Five-Year E-2 Visa Issued for Entire Family
The day after the interview, passports for the client and her family arrived with five-year E-2 visas issued.
While a two-year visa had been anticipated, the issuance of the maximum validity provided long-term stability for the entire family.
This result allowed the client’s children to attend school without frequent renewals and ensured uninterrupted business operations, a best-case scenario secured through US Immigration Lawyer strategy.
At SJKP, we advise clients throughout New York on complex E-2 visa cases involving professional services, law firms, and multi-state business structures.
As experienced US Immigration Lawyer practitioners, we focus on correcting misconceptions, designing legally sound business models, and preparing documentation that aligns precisely with consular expectations.
If you have been told your E-2 case is impossible or have faced a prior denial, contact SJKP to explore strategic solutions that may still be available.
16 Dec, 2025
