In this post, I share an inspiring story about a Canadian entrepreneur who successfully obtained an E-2 visa to bring her HR software business to the United States. This visa approval allowed her to pursue her dream of launching a cutting-edge company in a competitive U.S. market. Let’s break down her journey and explore what made her case successful.

Building the Business

My Client’s Vision

My client is a driven entrepreneur from Canada with extensive experience in technology and HR. She combined her expertise to create an innovative software solution designed to simplify how companies manage employee benefits. Her product is a subscription-based mobile app that helps employers streamline benefits enrollment, offer personalized options, and track usage through detailed reports.

With such a user-friendly solution, her company was perfectly positioned to thrive in the U.S. market, where efficient employee benefits management is in high demand.

Meeting the E-2 Visa Requirements

1. Substantial Investment

To qualify for an E-2 visa, Ms. Client needed to demonstrate that she had made a substantial investment in her business. By the time her application was submitted, she had invested nearly $74,000, with $69,000 already spent on essential startup expenses such as software development, marketing, and legal fees.

This clear financial commitment showed her belief in the company’s potential and that the funds were fully committed and at risk—key requirements for the E-2 visa. Her investment also covered all necessary expenses for her business to successfully operate from day one, strengthening her application.

2. Proving Non-Marginality

Another important factor in her E-2 application was demonstrating that her business would contribute to the U.S. economy. The visa isn’t just about creating a living wage for the investor; it’s about fostering economic growth.

Ms. Client’s business plan projected impressive growth, with anticipated sales of over $400,000 in its first year and nearly $11 million by year five. She also outlined plans to expand her team from five employees in year one to 64 by year five. These projections showed her business’s potential for job creation and long-term economic impact, satisfying the non-marginality requirement.

3. Leadership and Experience

Ms. Client’s extensive professional background made her the ideal candidate to lead this venture. With a business degree and a proven track record in tech and product development, she demonstrated her ability to build and scale a successful company. Her experience managing teams, developing products, and forging strategic partnerships added further credibility to her application.

The Outcome

Ms. Client’s story is a testament to the opportunities the E-2 visa creates for foreign entrepreneurs. Her application highlighted her financial commitment, the viability of her business, and her strong entrepreneurial skills. As a result, her E-2 visa was approved, allowing her to bring her vision to life on U.S. soil.

What This Means for You

If you’re an entrepreneur thinking about bringing your software business to the U.S., the E-2 visa could be a fantastic pathway for you. However, success requires thoughtful planning and preparation.

Here are a few key takeaways to consider:

  • Document Your Investment: Carefully track your expenses and show that your funds are fully committed and at risk.
  • Highlight Economic Contribution: Demonstrate how your business will create jobs and contribute to the U.S. economy.
  • Show Business Viability: Include a comprehensive business plan that outlines your company’s growth trajectory and revenue potential.

Need Help?

If you’re considering applying for an E-2 visa for a software business—or any other type of business—feel free to reach out to an experienced immigration lawyer who can guide you through the process. With the right preparation, your dream of building a thriving business in the United States can become a reality.

Disclaimer: The information provided in this post is for general informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice tailored to your unique situation.

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Ben Frear, Esq.

Immigration Lawyer for Entrepreneurs

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