This is another in a continuing series of posts I will be writing to describe some of the Alcorn Immigration Law team’s client success stories.* To maintain confidentiality, the name of the client has been changed, and details may have been omitted or slightly altered.
“I was denied a tourist visa 10 years ago. Can I still get a visa to live in the U.S. and open a U.S. office for the tech company I founded in Poland?”
Borys posed that question to me, and our team guided him through the process.
Growing up in Poland after socialism ended, Borys dreamed of living in the U.S. His eagerness to live and work in America prompted a U.S. consular officer to deny him a tourist visa. The officer believed he did not have strong enough social, economic, or other ties binding him to Poland and worried he wanted to stay in the U.S. So, Borys was denied a tourist visa.
Determining a Path
Borys’ previous visa experience coupled with increased scrutiny of visa applications under the Trump administration made applying for a visitor visa somewhat risky. Given that, we advised Borys to remain in Poland while we helped him pursue an E-2 Visa for Treaty Investors.
The E-2 visa enables foreign nationals whose home country has a trade and commerce treaty with the U.S. to live and work here while investing capital in a business. Luckily for Borys, Poland has an investment treaty with the U.S.
Although valid for only two years, the E-2 visa can be extended indefinitely every two years.
The Alcorn Method
Unable to come to the U.S.to set up his web company, Borys worked with the Alcorn Immigration Law team from Poland. We helped him structure his U.S. business unit to comply with the E-2 requirements.
Without setting foot in the U.S., Borys incorporated his company, rented office space, furnished the space, purchased equipment, created marketing materials, and set up payroll. All told, he invested more than $100,000 setting up the U.S. office of his company.
Next, we guided Borys through the E-2 visa requirements to make sure he presented the strongest petition he could. That included submitting a business and hiring plan, growth trajectory, profit and loss statements. Borys needed to present a solid petition given his previous visa experience and because the E-2 is a nonimmigrant visa.
Although an E-2 visa can be extended indefinitely, E-2 candidates must demonstrate they don’t intend to immigrate to the U.S. E-2 visa candidates need to satisfy the U.S. government official at the airport or any other port of entry that they intend to stay in the U.S. only for a specific period and will eventually return to their residence in their home country.
Before his consular interview, we explained to Borys the risks for his business and the questions he might encounter. We impressed upon him the importance of answering all questions honestly. Two days after his interview, he got the visa in his passport. It took about four weeks from the time we filed the E-2 petition until Borys’ approval.
Companies may also petition for E-2 visas for their essential employees. That’s Borys’ next step.
We feel honored that Borys trusted us to guide him through the visa process—and do so remotely. And we’re thrilled that his company now creates more jobs here in the U.S.
The Alcorn Immigration Law team supports immigration for innovation by assisting highly-motivated investors, founders, talent, and families obtain visas, green cards, and citizenship. Contact us if we can help you, an employee or a loved one. We can help whether an individual is inside or outside of the U.S.
* Our success in a case does not predict nor guarantee the outcome in your legal matter.