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Case Study - E-2 Visa for an Entrepreneur to Invest and Direct a U.S. Business

Business Problem

An entrepreneur from abroad is looking to start an energy drinks business in the United States.  She has experience and resources from her businesses abroad and would like to expand into the States.

Business Goals

To expand operations in the U.S.

Strategy + Solution

The business owner will prepare a 5-year business plan for the U.S. company and meet with Mdivani lawyers to discuss the plan and eligibility for an E-2 investor visa.  The first critical step is to identify the country of citizenship of the business investor. If the U.S. has a E-2 treaty with her home country, then we will proceed to reviewing the investment plan, with focus on how it will benefit the U.S. economy and community, possible potential for hiring of U.S. workers, and long-term growth potential. We will inquire as to whether and how the owner will manage and direct the enterprise in the U.S.


If all E-2 prongs are met, our lawyers will either prepare an I-129 petition to be filed with USCWhen we have evidence that E-2 requirements are met,  Mdivani lawyers will prepare an I-129 petition for E-2 classification to be filed with USCIS for E-2 change of status or prepare an E-2 consular package for the investor to apply or an E-2 visa abroad in her home country. If the US government approves the E-2 visa, the investor may enter the U.S. to begin setting up production and distribution of energy drinks according to the business plan.IS for E-2 change of status or prepare an E-2 consular package for the individual to apply for an E-2 visa abroad in their home country.

Planning Ahead, Short Term + Long Term

The E-2 investor visa is a great tool to facilitate starting businesses in the U.S. quickly; however, they are only issued in up to 2-year increments. The bright side is there is no limit on 2 year extensions available to the investor and in the U.S., they may be extended to up to 5 years. 

The information on this website is for general information purposes only, it is not legal advice applicable to a specific situation.  Viewing it does not create an attorney-client relationship.

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