Our website is currently being remodeled. Thank you for visiting us while we continue to improve!
Proving Managerial Responsibilities for E-2 Chef Client

Chef Meets E-2 Requirements For Treaty Investor Visa

  • Applicant: Mr. Chang
  • Nationality: Taiwan (Republic of China)
  • Applying for: Treaty Investors
  • Case type: E-2
  • Challenges:
    • The client did not hold strictly managerial responsibilities in his professional role
    • Had to present the structure of an unconventional/evolving business model
    • Chef team was based in Taiwan while the clients were based in the U.S.

BACKGROUND

Mr. Chang, a Taiwanese chef and entrepreneur, began a full-service culinary consultation business focused on assisting his clients to implement fresh and unique ideas for their restaurants. And though Mr. Chang himself was the primary visionary who gathered the hardworking team and secured the initial funding, he decided to partner with a U.S. investor as his thriving business began expanding overseas.

To oversee the operations of his newly-established branch, then, he would have to come to the U.S. for at least long enough to implement the groundwork and begin selling his company’s services to this very different market. There were three very important contracts with various restaurants pending, and securing them was something Mr. Chang needed to be present for. If he was unable to make the trip, the many months of hard work he poured into this business expansion venture (not to mention the extremely hefty amount of money already spent on it) would have been all for nothing.

Unfortunately, obtaining an E-2 visa can be a notoriously complicated process– even when the applicant is adhering to a straightforward and conventional business model. Thus, further complicating Mr. Chang’s chances of approval was the fact that the innovative structure of his enterprise left it unclear just how much financial and managerial control he truly had over the overall operation and what were his specific executive responsibilities.

Comprehending the sheer importance of being approved for an E-2 visa on his first try, Mr. Chang brought his case to Tsang & Associates for help in presenting his information and intentions clearly and concisely.

 

KEYS TO SUCCESS

Being that our legal team has had resounding success navigating the rather intimidating E-2 visa application process in the past, we were immediately able to begin working with Mr. Chang to compile all the relevant information, documents, and evidence that USCIS normally requires. We showed that, together with another investor, Mr. Chang contributed a total investment of $200,000 in starting the company. Examining Mr. Chang’s $100,000 contribution alone, we proved both that the funds were obtained legitimately (a loan from a lifelong mentor) and that the investment had given him 50% ownership of the company. Having clarified Mr. Chang’s significant financial stake in the business, we proceeded to relay how Mr. Chang’s operation methods differed from normal consulting firms, emphasizing his ultimate mission of completely revolutionizing the way restaurants run and become sustainable.

Moving forward, we highlighted the promising prospects of the company as a whole by showing the current size of its Taiwanese and U.S. branches, plus its projected growth by 2020. In articulating the details of Mr. Chang’s investments and elaborating upon the somewhat-unorthodox practices of the business, we were able to prove his position as an executive (and therefore his E-2 eligibility) by unpacking his entire day-to-day responsibilities one at a time. We analyzed a typical day in the professional life of our client, showing his routine managerial responsibilities, as well as the percentage of time he generally spends on each of them.

All of this information together painted an exceptionally vivid picture of Mr. Chang’s very intricate plan for the continued growth of his company in the upcoming years. In presenting it all to USCIS, we posited that Mr. Chang’s temporary residence in the U.S. was completely necessary for finalizing the lucrative restaurant contracts and further expanding his already-successful international business.

 

OUTCOME

Mr. Chang’s E-2 visa was approved. He was extremely grateful for the opportunity to continue conducting business in the U.S. He was able to resume working on closing the crucial contracts and sharing his innovative ideas with other culinary business owners. Mr. Chang cannot wait to see what the future has in store for his company.