Two EB-2 Engineers Recieve Two-Day I-140 Approvals

Investors: Mr. Han, Mr. Wang
Country/Region: Taiwan, China
Investment industry: Dental laboratory
Positions held: Mr. Han – Chief Executive Officer, Mr. Wang – Chief Financial Officer and Director of Human Resources
Total Investment: Mr. Han- $100,000 , Mr. Wang- $100,050
Application Category: E-2 Treaty Investment Visa

BACKGROUND
– Investors are not yet incorporated in the U.S.
– Among the investors, only Mr. Han has a Taiwan dental license, and Mr. Wang’s previous work experience is not related to the investment industry
– Insufficient customer resources in the U.S., with only one existing customer clinic

Mr. Han and Mr. Wang both planned to invest in a dental laboratory in California and obtain E-2 treaty investment visas through that investment. Due to the complexity of the E-2, and the desire of both investors to obtain the visa, Mr. Han and Mr. Wang were interested in obtaining the visa. After learning about the experience and success of Tsang & Associates, PLC in handling E-2 visas, they decided to engage Joseph Tsang’s team to apply.

KEYS TO SUCCESS

Proof of investment in a real operating business
The planned investment company was not yet established in the U.S., so it was tricky to prove this aspect. In this regard, Zang’s team proposed a five-year business plan for the U.S. company, which was over 40 pages long, detailing the company’s plan to establish its business in the U.S., proving that the applicant would indeed invest in the U.S. company and actually operate it.

The investment is not a marginal investment
In this case, there were two investors with only $200,000 invested and only one client in the U.S. How could we prove that the investment would not yield little to no results? By commissioning a professional accountant to produce financial statements, it was shown that all the company’s investments would yield significant surpluses in the future; and through the company’s business plan report, it was stated that the company would create jobs for at least 10 full-time or contract employees in five years, successfully proving that the company was not a marginal investment and that the returns would clearly exceed the needs of the two investors.

Investors must have sufficient evidence of management or professional skills
Mr. Han has a dental license in his home country and has industry knowledge and skills for the dental lab he is investing in. However, Mr. Wang’s qualifications were weak. In the application, we emphasized Mr. Wang’s previous management experience, although not in the industry, by explaining Mr. Wang’s resume and work experience one by one, highlighting the reports and awards he has received in the medical and aesthetic related industries, and also presenting the plans Mr. Wang has made for the development of the company and the results of the plans he has previously implemented, thus proving that Mr. Wang has excellent management skills. With Mr. Han’s professional skills, the two of them will work together to lead the company’s business expansion in the United States.

Investor must sufficiently demonstrate departure at the end of the E-2 visa
The two investors are related and both families will be moving to the U.S. How can they prove that they will return to Taiwan in the future? Finally, through the two investors’ properties, finances and other family members, it was emphasized that Mr. Han and Mr. Wang’s properties and finances are mainly in Taiwan and they have no intention to live in the U.S. after the E-2 visa ends.

interview preparation
Due to the difficulties of this case, the two investors were very worried about the interview process. Before the interview, Mr. Zang’s team customized the interview file and questions and answers for the clients, and the clients were trained by Xiradu Taipei time and time again.

OUTCOME
The application was successfully approved by the American Institute in Taiwan (AIT), and both investors were granted five-year E-2 visas to bring their families to the United States to start their new lives.

Lawyer Joseph Tsang commented:
The E-2 Treaty Investors visa is issued to citizens of countries/regions that maintain treaties of commerce and navigation with the United States. At present, only the Taiwan region has this type of visa. The following are the basic requirements for E-2:

• The investor, whether an individual, partnership or corporate enterprise, must have the nationality of the treaty country.In the case of a business, at least 50 percent of the business is owned by persons of the nationality of the treaty country;

• The investment must be substantial and the funds must be “irrevocably” committed to delivery.The investment must be sufficient to ensure the successful operation of the business;

• The investment must be in a real operating business. Speculative or idle investments are not eligible. Uncommitted money in a bank account, or simply holding title to undeveloped land, is not considered an investment;

• Investments must not be unprofitable.The business must demonstrate that its financial returns clearly exceed the investor’s need for a living, or the business must have the ability to make a significant economic contribution now or in the future;

• The investor must have control of the funds and the investment must be risky in a commercial sense. An investment is not an investment for purposes of immigration law if there is some or all loss of the funds against the reversal of the fortunes of the business. Loans secured by invested business assets are not eligible;

• The investor must be coming to the United States to develop or direct the business. If the investor is not the principal investor, he must be employed in an executive, managerial, or highly skilled position. Ordinary skilled or unskilled workers are not eligible.

• At the end of E-2 status, the investor must intend to leave the United States. That is, “double intent” is not allowed.

If you have needs or questions about the E-2 visa, please contact us.