Immigration

The E Visa nonimmigrant classification for treaty traders and treaty investors has various benefits, and it can be utilized in a number of unique situations.

Given Berardi Immigration Law’s close proximity to the northern border, we represent many Canadians citizens and businesses, ranging from individual start-up entrepreneurs to well-established enterprises with active operations on both sides of the border.  We are well-versed in E-1 and E-2 visa adjudication trends at the U.S. Consulate in Toronto, which has jurisdiction over first-time E visa applicants and companies that have yet to be registered in the U.S. Department of State’s Canada E Visa Program.

Strong E visa cases tell a compelling story – it is as much a sales pitch as it is a legal application. Presentation is key. This mindset is how our attorneys approach each and every E-1 and E-2 visa case.  Below is a sampling of our recent success stories – let us add yours!  Contact our office today and schedule a consultation.

  • E-1 Success Story – Creative Entertainment Company Doing Business in the U.S.

Our office was contacted by a young creative start-up company in Canada that is in the business of providing unique, interactive entertainment engagements to corporations across Canada and the U.S.  We obtained E-1 visas for several key employees, including the company’s Founder and President, after showing that the company’s operations met the appropriate trade requirements.  The application included evidence of the company’s ownership by a Canadian citizen, and proof of trade with the U.S. – including a spreadsheet and pie chart of trade income by country, as well as contracts evidencing corporate engagements in the U.S.  Several key employees have been issued five-year E-1 visas, and they’re able to cross the border with ease to service their U.S. customers.

  • E-2 Success Story – Switching Gears from the L-1 Category for a Corporation to the E-2 Visa

Canadian clients often compare the benefits and disadvantages of the L-1 and E-2 categories.  One of our longstanding corporate clients in Canada has obtained L-1 status for its key employees over the course of many years.  Recently, they desired to switch gears to E-2 visas for their team for various reasons.  We assembled a detailed petition that outlined the initial investment the Canadian parent company made into its two active U.S. subsidiary entities more than 10 years ago.  We included extensive evidence of its current operations, including tax/financial statements, payroll records, and proof of office and manufacturing plant locations.

The President of the company attended the E-2 visa interview; while he was personally not the initial investor of the U.S. enterprise, he was well-prepared to speak on behalf of the initial investment details and corporate operations.  Our client was quickly approved – his five-year E-2 visa was quickly issued, and the business was registered in the Canada E Visa Program.  Our corporate client is now actively obtaining E-2 visas for its key managers and essential employees that include both periodic border-crossers as well as some staff members who live full-time in the U.S.

  • E-2 Success Story – Start-Up Enterprise for a Yoga Studio

We recently helped a Canadian client open a yoga studio in Los Angeles, California. His plan was to open the studio and enter the States to direct the company’s U.S. operations, so we suggested an E-2 treaty investor visa. In his application, we were able to show that he invested a substantial amount of capital in a start-up business that is a real, commercial U.S. enterprise.  As a start-up business, we enclosed a very detailed business plan outlining various factors, including a timeline detailing the launch of its business operations in the U.S. to date, five-year staffing projections, a market and competitor analysis, and five-year financial projections and benefits to the U.S. economy.  We also included evidence of approximately $80,000 in start-up costs incurred prior to the application being made – this included a years’ worth of rental payments, purchased studio equipment, and marketing efforts.  The client’s E-2 application was approved – his business was immediately registered in the Canada E Visa Program, and he was granted a five-year visa.

  • E-2 Success Story – When L-1 Eligibility Breaks Down

One of our long-time Canadian clients held an L-1 visa as a periodic border-crosser for several years as the President of a highly successful group of companies. Following a major merger and acquisition of the Canadian company that our client was employed with no longer satisfied the qualifying relationship requirement of the L-1 category. This meant that he was no longer eligible to enter the U.S. in an executive capacity as an intracompany transferee, so we suggested an E-2 visa.

Over the years, our client had invested a substantial amount of capital into a number of active U.S. subsidiary companies in the medical technology industry.  In addition to his Canadian citizenship and his ownership of a U.S. holding company, we documented the details of his initial investment activities in the U.S. – including the source of the initial investment funds and the “money trail” into each U.S. subsidiary.  Our client attended his E visa interview and explained his investment, as well as his duties to develop and direct the corporate operations as company President.  His application was approved, and he was granted a five-year visa.

  • E-2 Success Story – Talent Management Agency

We recently helped a Canadian client obtain an E-2 visa on the basis of her investment in a U.S.-based talent management agency. She had been approved L-1 status for her initial start-up, but by the time she was due for renewal, we felt that the E-2 was better suited for her current state of operations in the U.S.  In her application we were able to show that: (1) she was a Canadian national; (2) she had invested a substantial amount of capital in a bona fide U.S. enterprise over the last 12-18 months; and (3) she planned to continue to develop and direct her business in accordance with a detailed business plan that outlined five-year financial and hiring projections. Her application was approved, and she was granted a five-year visa.

  • E-1 Success Story – Providing Consulting Services to U.S. Clients

We recently helped a Canadian client, Cindy, obtain an E-1 visa, so that she could periodically enter the U.S. in an executive capacity and provide consulting services to U.S.-based clients. In her application, we were able to show that she is a national of a treaty country, and that the Canadian consulting company she owns and manages carries on principal trade in services between the U.S. and Canada.  We assembled a petition of supporting documentation to show this, including financial statements and a breakdown of revenue from her Canadian and U.S. clients.  At her in-person visa interview, Cindy explained her business operations and that she needed to periodically enter the U.S. in an executive capacity to serve her U.S. clients. Her application was ultimately approved, and she was granted a five-year visa.