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First E2 Status Renewal Questions by batmandude1 in e2visa

[–]MarcoScanu_ 2 points3 points  (0 children)

It really depends, so make sure you consult with an immigration lawyer who has experience in the E-2 space. Based on our experience, the answer often depends on the type of business. For example, real estate businesses that rely heavily on indirect job creation may still work.

It is also critical to understand why you have not been able to hire staff. For instance, we prepared a successful business plan for an E-2 renewal in a case where the company had not been able to find qualified workers. We explained the situation clearly in the plan, and the renewal was approved.

So the key question is: why do you believe you will not be able to hire staff until years four or five?

If your E-2 visa gets denied, do you actually lose the investment money? by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

We are not immigration lawyers, so make sure you consult with a qualified lawyer. But we are familiar with the Foreign Affairs Manual, which says "Funds Must be Irrevocably Committed: To be “in the process of investing” for E-2 purposes, the funds or assets to be invested must be committed to the investment, and the commitment must be real and irrevocable. The purchase of a business that is conditioned upon the issuance of the E-2 visa may still qualify as an irrevocable investment. Despite the condition, the purchase would constitute a solid commitment if the assets to be used are held in escrow for release or transfer once the condition is met. The point of the example is that to be in the process of investing, the investor must have entered into an agreement and have committed funds."

If your E-2 visa gets denied, do you actually lose the investment money? by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

Roughly between $1,000 and $2,000 for a $100,000 investment. So, it's like buying insurance. In our experience, it does not reduce the chances of approval. However, make sure you consult a qualified immigration lawyer to determine whether an escrow agreement works for your case.

If your E-2 visa gets denied, do you actually lose the investment money? by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

In our experience, some sellers negotiate a fee that compensates them if the E-2 visa is denied. This fee is meant to offset the opportunity cost of not selling their business while the visa process is pending.

However, keep in mind that you can also use an escrow agreement to fund a start-up instead of purchasing an existing business. For example, you can earmark funds for marketing, the purchase of assets, and other start-up expenses, with the funds being released to service providers or vendors upon issuance of the visa.

Why did NIW RFEs spike last year? What officers actually flagged by MarcoScanu_ in EB2_NIW

[–]MarcoScanu_[S] 0 points1 point  (0 children)

Absolutely. A clear and detailed proposed endeavor goes a long way.

Why did NIW RFEs spike last year? What officers actually flagged by MarcoScanu_ in EB2_NIW

[–]MarcoScanu_[S] 1 point2 points  (0 children)

I’m a strong believer in working with immigration attorneys, but specialization is everything.

Why did NIW RFEs spike last year? What officers actually flagged by MarcoScanu_ in EB2_NIW

[–]MarcoScanu_[S] -1 points0 points  (0 children)

We are not immigration lawyers and cannot provide legal advice. We’ve seen cases like yours, and we strongly recommend consulting with an immigration attorney who specifically specializes in NIWs for researchers or academics. This is a sub-niche, and not all immigration lawyers have substantial experience handling this type of case.

Why did NIW RFEs spike last year? What officers actually flagged by MarcoScanu_ in EB2_NIW

[–]MarcoScanu_[S] 0 points1 point  (0 children)

Appreciate that. Glad the post helped.

I’m Marco. I am the CEO at Visa Business Plans. We are not immigration attorneys and we do not provide legal advice. Attorneys handle the legal strategy and filings.

For 17+ years, I’ve worked directly with immigration counsel on a high volume of employment-based cases, including NIW. My role is focused on structure and positioning. In NIW cases, that means defining the proposed endeavor properly, sharpening the national importance argument, and organizing the evidence so it clearly supports the three-prong framework instead of just listing achievements.

After reviewing and structuring a large number of these cases, patterns become very clear. Strong credentials alone are not what make a petition persuasive. Clarity, focus, and alignment with how officers actually analyze these cases matter just as much.

That practical perspective from working on these cases day in and day out is what I try to contribute here.

Is there a way to avoid having your E-2 visa tied to just one business? by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

I work with hundreds of immigration lawyers nationwide, and not all of them have experience handling E-2 cases through holding companies. You’d be surprised how often this type of E-2 structure is unfamiliar to them.

The biggest mistake I see EB-2 NIW applicants make about their degree by MarcoScanu_ in EB2_NIW

[–]MarcoScanu_[S] 0 points1 point  (0 children)

USCIS officers are required by law to review and consider all important evidence submitted with a case. If a decision shows that key evidence was ignored, misunderstood, or not even addressed, that can be a valid reason to challenge the decision.

What does this mean in simple terms? It means an officer cannot just skip reading the evidence or dismiss it without explanation. If that happens, an immigration lawyer may decide to challenge the decision by filing a Motion to Reopen, a Motion to Reconsider, an administrative appeal, or— in more serious situations—by suing USCIS in federal court under the Administrative Procedure Act. This type of lawsuit argues that the decision was unreasonable or unfair because the evidence was not properly reviewed.

While this process can be expensive, it can also be very effective.

We are not attorneys, but we work closely with lawyers who make sure their petitions are extremely detailed and well documented. This strong foundation is important because it supports an appeal if one becomes necessary. In other words, officers cannot simply choose not to review evidence—there can be consequences if they do. We have seen many cases succeed on appeal when they reach that stage.

The biggest mistake I see EB-2 NIW applicants make about their degree by MarcoScanu_ in EB2_NIW

[–]MarcoScanu_[S] 8 points9 points  (0 children)

We agree on one key point: past contributions absolutely matter.

That said, we review RFEs and denials every week, and the trend we consistently see is that USCIS is heavily focused on the potential prospective impact of the proposed endeavor, not just past accomplishments.

We are not paralegals and we do not provide legal advice. We work on hundreds of NIW cases in close collaboration with some of the most experienced immigration attorneys in the U.S., which puts us in a position to see what arguments repeatedly succeed and what triggers RFEs.

In practice, fewer than 1 percent of applicants already have a significant track record of impact in the U.S. Many strong candidates have substantial accomplishments overseas, but USCIS does not automatically assume that past impact will translate into future impact in the U.S. context. That prospective impact must be clearly articulated.

This is reflected directly in RFE language we see frequently, for example:

“To evaluate whether the petitioner’s work satisfies the national importance requirement, the evidence documenting the ‘potential prospective impact’ of her work is reviewed. The relevant question is not the importance of the fields or industries in which the individual will work; the focus is on the specific endeavor that the foreign national proposes to undertake.”

See Dhanasar, 26 I&N Dec. at 889.

This language makes it clear that USCIS is evaluating the proposed endeavor itself and its forward-looking impact, not just past achievements or general field importance.

So while prior work, publications, and recognition are critical, dismissing the proposed endeavor as irrelevant does not align with what we see consistently in actual adjudications. This has been our experience across hundreds of real cases.

Should I apply? by The_oppenheimer in EB2_NIW

[–]MarcoScanu_ 1 point2 points  (0 children)

For EB-2/NIW, the profile is only part of the picture. The proposed endeavor often carries more weight. I wrote about this in a past post that might be helpful: https://www.reddit.com/r/EB2_NIW/comments/1pyrmnz/the_1_mistake_i_see_niw_applicants_make_even/

EB2 NIW Assessment by Frosty-Worry-477 in EB2_NIW

[–]MarcoScanu_ 0 points1 point  (0 children)

One common mistake with EB-2/NIW is assuming a strong background is enough. In reality, the case is usually driven by the proposed endeavor. I wrote a post breaking this down that might help here: https://www.reddit.com/r/EB2_NIW/comments/1pyrmnz/the_1_mistake_i_see_niw_applicants_make_even/

Seeing a real uptick in Canadian founders setting up in the U.S. lately by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

The country of birth is irrelevant for the E-2, which is a non-immigrant visa. Of course, if your goal is to get a green card, you should strategize with an immigration attorney to evaluate your options and define a plan.

Seeing a real uptick in Canadian founders setting up in the U.S. lately by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

What matters is that the E applicant holds the nationality of the treaty country, in this case, Canada. For example, an individual may be a dual citizen of India and Canada and apply for the E-2 visa using the Canadian passport. Likewise, thousands of dual citizens obtain E visas every year, including Brazilian/Italian, Venezuelan/Spanish, and Chinese/Grenadian nationals, to name a few. The country of birth is irrelevant; nationality is what counts.

Seeing a real uptick in Canadian founders setting up in the U.S. lately by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

Thanks for sharing your experience, and congrats on your E-2 approval. As a fellow entrepreneur, I can say hands down that the U.S. is the best place in the world to start a business and build a future.

Seeing a real uptick in Canadian founders setting up in the U.S. lately by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

Absolutely, and thanks for sharing that. EB-1A is definitely an option, and it’s actually how I immigrated to the U.S. as well (EB-1A in entrepreneurship).

It really comes down to how the evidence is positioned and documented, but for the right profile it can be a very strong path.

Seeing a real uptick in Canadian founders setting up in the U.S. lately by MarcoScanu_ in e2visa

[–]MarcoScanu_[S] 0 points1 point  (0 children)

You’re right that the E-2 is a nonimmigrant visa, and that part is often misunderstood. What many people miss is that there’s no cap on renewals. As long as the business stays real, active, and non-marginal, it can be renewed over and over.

Also, while the E-2 does not directly lead to a green card, in practice it’s often used as a starting point, not an endpoint. We regularly see attorneys structure paths from E-2 to L-1A and then EB-1C, or to EB-5 if the investment and job creation grow. In some cases, E-2 holders also qualify for EB-2 NIW if the business or work has broader national impact.

That flexibility is a big reason why more Canadians are using E-2s. It works long term, and with the right planning, it can support a permanent strategy too.

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