How did one client secure an Investment Visa to the US despite facing warnings from immigration authorities about potential illegal work?
If you’re considering establishing or purchasing a business in the US, you likely know that an investor visa (E2 or EB5, depending on your investment capital) is required. But here’s the catch: you need to show proof of business activity before obtaining the visa, yet working to set up the business might be illegal without one.
In this article, we’ll explore how we successfully obtained an E2 visa for a client who had previously received warnings from immigration authorities for overstaying and suspected illegal employment.
Illegal Work
Before becoming a client, Shimon (a pseudonym for the purposes of this article) was a luxury car dealership owner in Israel who aimed to replicate his success in the US. He entered the United States on a tourist visa, which he had used previously, and began laying the groundwork for his new business. Shimon purchased a location, designed a showroom, established supplier relationships, and recruited staff, managing the setup of his new venture. After spending five months in the US with the business nearing its opening, Shimon had to return to Israel to handle his existing business there.
After spending a year back in Israel, Shimon anticipated returning to the US with a new tourist visa for another six months. However, at the US border, he was granted entry for only one month due to suspicions of illegal work. The border officer advised him that he would need a work visa for future trips.
Establishing a business often involves activities that require a specific work visa, not something permitted under a tourist \ business visa. This can be confusing, especially for Israelis like Shimon, as the US is one of the few countries offering visas that combine both tourism and business. Regardless, Shimon was suspected of violating US immigration laws, which could lead to serious consequences.
What Happens to Those Suspected of Illegal Work?
Violating immigration laws, whether through overstaying or working without the appropriate visa, can lead to serious consequences, including being barred from re-entering the US. In severe cases, this can result in a “black stamp” on your record. This will affect all passports you might hold, preventing future entry.
Even if you are not officially banned, immigration authorities may still restrict the duration of your next stay, as seen with Shimon’s case. They can closely monitor your activities and, depending on your conduct, impose entry bans ranging from 3 to 10 years, or even permanently banning you.
Help from our law firm:
Shimon had to manage his business in the US; otherwise, he would lose his investment. Therefore, he could not afford the risk of entry denial or visa refusal had he continued to build \ operate his business while using his current tourist\business visa. To address this, he contacted our Tel Aviv office and requested assistance with obtaining a work visa.
Considering Shimon’s role as the founder and manager of a business he had invested in, we determined that the most suitable visa for his situation was the E2 visa. This foreign investor visa to the US is designed for investments ranging from $100,000 to $1 million, making it suitable for Shimon’s needs.
Obtaining the E2 Visa
Shimon had a notable advantage in his visa application process. We were able to demonstrate that he had already made a substantial investment in the business and that it was ready for commercial activity. Moreover, Shimon’s extensive experience managing a similar business in Israel served as an example of his ability to succeed in his business in the US.
We assisted in preparing his E2 visa application, including advising on the creation of a comprehensive five-year business plan covering revenue projections, expenses, business expansion, and future hiring plans. We submitted the application to the embassy and prepared Shimon for his interview, reviewing potential questions about the business, his previous immigration issues, and the rationale for seeking the E2 visa.
The Embassy Interview and Securing the E2 Visa
During the interview, Shimon faced questions about his qualifications, experience, and why he was the best candidate to manage and develop the US business compared to an American employee. Crucially, he was also questioned about the months he had spent working in the US without the proper visa—queries that could have been challenging without prior preparation.
Thanks to our thorough preparation, including evidence of his qualifications, a detailed business plan, and strategies for handling difficult questions, Shimon successfully obtained the E2 visa for himself, his wife, and their children, allowing them to move to the US and establish the business.
Shimon admitted he couldn’t handle the interview questions or know what documents to prepare without our assistance. He plans to return to us for help with his visa renewal in two years and has already had a consultation about expanding his business to support the renewal of his E2 visa.
Contact US Immigration Experts
If you’re seeking an investor, manager, or worker visa for the US, our offices in Tel Aviv and Jerusalem are here to assist. We offer comprehensive support, including document preparation, visa application submissions, interview coaching, and more.
This article was authored by Rebecca Mordechay, Head of the US Department at Decker, Pex, Levi Law Firm. With branches in Jerusalem and Tel Aviv, Decker, Pex, Levi specializes in immigration, foreign passports, legal opinions on international and US law, status arrangements in Israel, and relocation services. Our team is especially eager to support those eligible under the Law of Return in making Aliyah, as we find great fulfillment in helping individuals start new lives in Israel and contribute to the nation.
Please note that the information here does not constitute legal advice or a recommendation for action. Any reliance on this information is at your own risk, and its accuracy may change over time.
Translated by Yasmin Dabscheck
