Obtaining an E-2 Treaty Investor Visa Despite Travel Complexities of Covid-19: Case Study

E-2 Treaty Investor Visa Approved for a Canadian National who applied at the US Consulate General in Sydney during the pandemic

By Verdie Atienza, Head of L-1 & E-2 Visa Practice

Prior to the lockdown, D&A started to work on an E-2 visa application for a Canadian national who was temporarily in Australia for a vacation. The original plan was to apply at the US Embassy in Toronto where new E-2 applications for Canadians are filed and processed. It is worth noting that the Department of State encourages nonimmigrant visa applicants to apply at the US Embassy or Consulate in their home country as they are in a better position to determine the ties to the home country.

Due to safety concerns, travel restrictions and lockdowns, our client decided that she wants to apply for the E-2 visa in Australia instead of traveling back to Canada. For this to be possible, we had to advise the client to apply for extension of temporary stay in Australia. The request was granted and so we prepared, finalized and submitted the application at the US Consulate in Sydney. While the applicant had to wait a little longer, she was scheduled to appear for interview and her application was approved at the end of the interview.

While the Department of State cautions applicants of higher chance of getting a denial by applying at the Embassy or Consulate other than the one in the home country, D&A successfully demonstrated the applicant’s ties to the home country. D&A prepared a strong E-2 application which meant that the client had a smooth interview experience.

What was the E-2 Business?

Our client is a Chief Executive Officer of a cosmetics company based in Hawaii. The company specializes in developing and selling sun care products to be used before, during, and after sun exposure. The E-2 Company is dedicated to developing innovative sunscreen formulas that meet the ever changing and evolving skin and sun care needs. The Company’s formulas combine effective cosmetic active and beneficial natural ingredients to create products that achieve the sustainable beauty, health, and wellness goals of modern women.

The E-2 Company’s products are developed in collaboration with a third-party contract manufacturer. The Company carefully selects high-quality ingredients to be used in the manufacturing process in order to develop high-quality, effective sun care products that will simultaneously help users achieve their tanning goals in a sustainable and healthy way.

What is the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa allows a person to move to the US to set up or acquire a business. Applicants must come from a country that holds an E-2 Treaty with the United States. Both Canada and Australia hold E-2 Treaties with America.

People from countries that do not have an E-2 Treaty with the US have to first become citizens of E-2 Treaty countries, like Grenada or Turkey. Citizens of India, China and Vietnam are not directly eligible for an E-2 Visa.

There is no fixed investment requirement for an E-2 visa, but it is usually expected to be in excess of $100,000. Ultimately, however, the investment amount needs to be appropriate for the business being proposed. A business plan is required as part of the application and the consular officer will assess the E-2 application on the basis of this plan.

E-2 is a non-immigrant visa, which means it does not offer permanent residency. It can, however, be renewed permanently provided the underlying business continues to operate successfully.

National Interest Exception

This case study raises the issue of travel difficulties during the Covid-19 pandemic. The United States border has been closed to people who have been in countries with especially bad outbreaks of the virus. This includes Schengen countries, the United Kingdom and Ireland.

Davies & Associates has been able to obtain travel waivers for L-1 and E-2 visa clients from these countries. By building the case that it is in the economic interest of America to admit these people, the US authorities have granted special permission to travel.

Read more about National Interest Exceptions.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

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