SUCCESSFUL E-2 VISA CASE    Applicant: Mr. Hung  Nationality: Taiwanese  Business: Marketing and Distribution of Electronic Photo, Video, and Athletic Devices  Position: Principal Investor/ General Manager    Year Incorporated: 2005   Number of Employees: 2  Investment Amount: $200,000   Challenges:  Multiple levels of ownership, making it difficult to show that Mr. Hung owned half of the company     Short term negative projections financially     Mr. Hung* came to Tsang and Associates hoping that we would be able to assist him in forming an E-2 visa application as a treaty investor for his company. His company, focused on marketing and distributing consumer electronic goods, had expanded product lines for retailers, E-tailers, and national accounts, selling goods such as cameras, DVD/TV portables, scanners, and converters. He hoped that through a plunge into the U.S. marketplace, he would be able to build up a solid and substantial consumer base and facilitate even greater growth and success. As such, we helped him file an E-2 Treaty Investor visa application on September 11, 2014 and received approval within 2 days.   Keys to Success   In order for one to be successful in their E-2 visa application, there are several requirements that are necessary according to United States Citizenship and Immigration Services regulations:   The treaty investor must possess the nationality of the treaty country  The corporation must be a bona fide U.S. Corporation, a real operating enterprise and not a fictitious paper organization  Capital invested must be substantial and irrevocably committed to the enterprise  The investment cannot be marginal  Investor must have ability to develop and direct the enterprise  Investor must have intent to depart following the end of E-2 status    Nationality of Country   When Mr. Hung came to us at Tsang and Associates, we believed strongly in his case. First off, Mr. Hung was a Taiwanese national, which qualified him as from a treaty country. However, the company was registered in the United States and was completely owned by another company, a company majority owned by Taiwanese nationals. Mr. Hung invested in the parent company and was given a share of the controlled company. We proved through the stock transfer ledger, that Mr. Hung was transferred 51% of the U.S. company’s controlling shares by the controlling company, thus making Mr. Hung 51% owner of the company; this figure satisfied the requirement of ownership interest for treaty country ownership.   Real and Operating Enterprise   We also had to show that the corporation was a bona fide U.S. Corporation. In order to do so, we highlighted that the company was founded in 2005 and had been engaging in successful business within that period of time. We provided the company’s previous tax returns and copies of various purchases and invoices related to the company, fully establishing that the company was indeed doing business.   Substantial and Irrevocable Investment   We also were required to prove that the investment made by Mr. Hung was substantial and irrevocable due to USCIS fears that the investment is simply just a “risky undertaking”. As such, we demonstrated that Mr. Hung made a substantial capital investment of $200,000 into the company derived from his personal funds. In using the federally regulated proportionality test that related the amount invested with the percentage owned, we indicated that as Mr. Hung owned 51% of the company and invested $200,000 that qualified as a substantial investment. We showed through the company’s five year plan, that it planned to aggressively expand its area of operations and product portfolio stemming from this initial investment. Thus we were able to demonstrate that Mr. Hung was “unquestionably committed to the success of the business”.   More than Marginal Investment   Moreover beyond being substantial, we showed that the investment was “more than marginal”. According to federal regulations, an investment is considered to be more than marginal in the cases that it either provides income that exceeds what is necessary to support the individual and the family or that it would make a significant economic contribution in the future. We addressed this in both ways. In tackling the first qualification, difficulty arose because according to the company’s projections, they expected to have negative profit years for the following two years. Assuming negative profit, the revenue generated would not be sufficient to be considered more than marginal to sustain Mr. Hung. However despite this, we continually emphasized the huge profits to be made beyond the first couple years, numbers that approached $2 million in profits. We even hired a Certified Public Accountant in order to prove that the investment would assure a good return on investment. In addition, we showed that the investment directly created at least 3 full time jobs and was expected to create 16 additional jobs within the next five years, thereby qualifying the investment further as being “more than marginal.”   Ability to Develop and Direct the Business Enterprise   Furthermore, we had to prove that Mr. Hung was coming to the U.S. to develop and direct the enterprise, meaning that he would have to have a controlling interest in the company. According to USCIS regulation, ordinary skilled and unskilled workers do not qualify. Thus we had to demonstrate that Mr. Hung, while serving as the principal investor and Chairman of the company, would be instrumental in directing the business’s overall growth strategy and maintaining effective client relations with business associates. We detailed Mr. Hung’s extensive experience within the business realm and electronics industry, as he had been an integral part of several other ventures and developments. We then explained his proposed duties in the United States, which included overseeing all financial aspects of the company’s operations, working directly with outside accounting professionals, being engaged in the development of new products, and being responsible for directing and managing the sales and marketing aspects of operations.   Intent to Depart   Lastly, we stressed that Mr. Hung had an unequivocal intent to return to Taiwan following his E-2 status. We provided evidence in the form of real estate holdings and financial statements demonstrating his ties to Taiwan that helped to establish his social and financial connections abroad.   Interview Preparation   Following our work with the petition, we also helped prepare Mr. Hung for the upcoming interview. At first, Mr. Hung was extremely concerned that he would do poorly on the interview. He was not sure if he could satisfactorily explain his stake in the ownership of the U.S. company. Even greater concern for him was the fact that the company had negative projections in terms of profit in the short term; he feared that the immigration officer would hone in on this detail and make this a justification for denial. However after much preparation with our attorney, Mr. Hung felt much more comfortable. Hours of practice interviews and anticipating questions and answers allowed him to believe that he would perform well. Indeed, Mr. Hung ended up feeling confident in every answer that he gave the immigration officer and he passed.   Outcome   We submitted the petition on September 11, 2014 and received approval within 2 days.  *Name has been changed to protect client identity.

Electronics Distribution and Marketing Company General Manager applies and is approved for an E-2 Treaty Investor visa. Even though he had short term negative projections financially, we demonstrated the long term success of the company and his role in its development and direction.

       SUCCESSFUL E-2 VISA CASE    Nationality: Taiwanese  Industry: Marketing Firm  Position: CEO, Owner  Year Incorporated: 2016  Number of Employees: 3, including Ms. Chen  Number of Dependents: 1 child, U.S. citizen  Investment Amount: $250,000  Challenges:  Applicant/CEO has prior CBP record showing frequent visits to the United States  Applicant/CEO’s child is a U.S. citizen showing immigrant intent  Applicant had no experience running a business     Ms. Chen* came to Tsang and Associates seeking assistance in forming her E-2 Treaty Investor visa application. She had a child in the U.S. and was looking to stay for an extended amount of time. Previously, Ms. Chen would visit and stay on Taiwanese visa waivers, but was warned by a CBP officer at the airport that her frequency of visitation would be a cause for concern. She came to us to help her incorporate her business and help with the initial startup for her E-2 qualifying business. Her business specialized in marketing Taiwan based imports, focusing on marketing consultation for Taiwanese companies looking to sell in the United States by providing them the resources and the connections to sell internationally that they would otherwise be lacking. This was Ms. Chen’s first business venture, as many of her previous jobs involved consulting companies on marketing strategies and teaching as a professor. After much revision and hard work, Ms. Chen formally became the owner of her very own marketing firm. Once she began business, she sought our help in filing an E-2 Treaty Investor visa application. We filed her petition on July 19, 2016 and received approval on the same day.   Keys to Success   In order for one to be successful in their E-2 visa application, there are several requirements that are necessary according to United States Citizenship and Immigration Services regulations:   The treaty investor must possess the nationality of the treaty country  The corporation must be a bona fide U.S. Corporation, a real operating enterprise and  not a fictitious paper organization  Capital invested must be substantial and irrevocably committed to the enterprise  The investment cannot be marginal  Investor must have ability to develop and direct the enterprise  Investor must have intent to depart following the end of E-2 status    Nationality of Treaty Country   When Ms. Chen first came to us, we strongly felt that we could get her E-2 visa approved. First off, Ms. Chen was a Taiwanese national, automatically qualifying her as a treaty investor. Expounding upon this, we showed with the Articles of Incorporation and Share Certificates that Ms. Chen was indeed 100% owner of the company and thus the company completely met the foreign ownership requirement.   Proof of Real and Operating Enterprise   In addition, we had to show that the company was a bona fide U.S. Corporation. This was challenging at first because the company had only recently been incorporated in the United States. We began this process when she first retained us. We helped Ms. Chen formally incorporate her business and helped her obtain the appropriate business licenses and sellers permits. We also helped her establish purchase agreements and contracts with Taiwanese companies looking to expand into the U.S., and we even created a CPA-certified business plan for her company, detailing her company’s projected growth and marketing strategies. We helped her list job openings for her company online, which resulted in the hire of two part-time employees, both of with whom she has become very close. We also helped her create an e-commerce website on which she had already sold numerous products, even before her visa was approved. Using all of this, we fully proved Ms. Chen’s company as “a real operating enterprise and not a fictitious paper organization”.   Substantial, Irrevocably Committed Investment   We also proved that Ms. Chen’s investment was substantial and irrevocable due to USCIS fears that the investment is simply just a “risky undertaking”. We first established Ms. Chen’s total investment by referring to her financial statements. To help fund her company, Ms. Chen sold her house in Taiwan. In combination with her savings, she made an initial investment of $150,000 and eventually added another $100,000. By the proportionality test of federal regulation, because Ms. Chen owned 100% of the company, her investment of $250,000 was indeed substantial. In order to further the irrevocability of the investment, we noted that Ms. Chen had already incurred numerous expenses such as investing in equipment, design, accounting, and legal costs. She had also already signed purchase agreements and bought thousands of dollars’ worth of merchandise to begin her enterprise. In addition, she had already signed a 1 year lease for the operating location of the business and hired 2 employees, thus demonstrating her full commitment to the endeavor.   More than Marginal Investment   A business submitted with an E-2 application must prove to return more than marginal revenue. Ms. Chen’s business is based in the San Francisco area, which posed a problem in terms of profit. In such a big city, the cost of living is relatively high compared with the rest of the state. In addition, Ms. Chen’s company must have high enough sales to compensate for the cost of operating, payroll, and eventual expansion. We helped Ms. Chen modify her business plan to expand her company’s offerings and earn a profit in the first year of operation. We helped her create multiple streams of revenue by increasing her company’s brand offerings and adding a marketing consulting service as requested service. Now, Ms. Chen’s company not only serves as a channel for Taiwanese companies to branch into the U.S., but it also sells American sporting goods to companies in Taiwan and offers marketing counseling. We proved Ms. Chen’s company is more than marginal by presenting her purchase agreements with Taiwanese companies, worth hundreds of thousands of dollars in product.   Ability to Develop and Direct the Business Enterprise   A key part of the E-2 Visa is that the applicant possesses the ability to direct and develop their business. Although she had no business experience to begin with, we proved that Ms. Chen was more than qualified to start and manage a business by providing copies of over sixty certifications and awards that she had earned throughout her marketing career. Included among these were her Ph.D. in Marketing and her Master of Arts degree in Economics. With such high achievements, we showed that Ms. Chen was fit to direct the operations of her business. Even though she did not have business experience, Ms. Chen displays a solid background in her business’s industry. With vast experience, we proved that Ms. Chen was, if possible, overqualified to run her marketing company.   Intent to Depart   An equally important part of the E-2 visa is that the applicant plans to return to their home country. There were many obstacles to overcome in proving Ms. Chen’s intent to return. She had sold her house in Taiwan to create investment capital, currently had U.S. citizen child, and had previously visited the United States with a high frequency. However, we were able to prove her intent to return by sharing a portion of Ms. Chen’s long-term business plan— she plans to help Taiwanese companies market their products to Taiwanese consumers. To do this, she would return to Taiwan to work closely with companies and their target markets.   Interview Preparation   Beyond the paperwork, we also helped Ms. Chen prepare for her E-2 Application interview. Ms. Chen began the E-2 Application process a bit timidly, as she had never attempted such an enterprise before. She feared her business plan would not be strong enough to impress the Taiwanese immigration officers. We helped her prepare for any and all questions that might be asked of her and her company, requiring her to answer as detailed as possible. She worked through over ten hours of practice interviews, answering a seemingly endless line of questioning. On Wednesday, July 27, 2016, Ms. Chen went for her interview. After her hours of preparation, she looked and felt substantially more confident than she had when she first began. After the interview had been completed, Ms. Chen was extremely grateful that we had prepared her for the exact questions that the officer asked, allowing her to pass smoothly.   Outcome   On Wednesday, July 27, 2016, Ms. Chen’s E-2 Visa was approved.  *Name has been changed to protect client identity.

Owner and CEO of a Marketing Firm specializing in Taiwan based imports is granted an E-2 Treaty Investor visa even though she had no experience running a business and had frequently visited the United States in prior years.