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by thewinnie 947 days ago
Hi Peter,

I'm a solo founder of software development company in USA. I've been doing everything on B1/B2 visa until goverment told me I spending too much time in USA and they cancelled my visa with recommendations to look for other options.

I tried to apply for E2 during covid and it took them almost 6 months to process my case but they declined it with a general reason that they don't see enough evidance to issue E2 for me at this moment but I can re-apply anytime if my situation change. (I applied by myself without any lawyer at all)

After consultations with different attorney I've been told that E2 is more for people who wants to invest but since I'm already established working business it might not be a good fit for me. And yeah they do recommend me to look on O1

1. Is it something interesting for you? Can I get paid consultation from you and maybe you'll help me?

2. Is it true that for existing established business with solo-founders E2 might be not a good fit?

Thank you in advance!

3 comments

Wait, you created a company in the USA while on B1/B2 visa and they voided your visa because you spent too much time, not because you opened and worked for your own company, something that is typically only possible with a permanent residency?

As someone who was very religious about his H1B in the past and had given up on a couple of simple passive income ideas only because I couldn’t incorporate, I feel a bit… naive.

Hi, if you have enough business track record to assemble an E2 package, then it's likely you'd be a good candidate for O-1 also.
1. I'd be happy to speak with you and go through your options. 2. That's not the most important factor; we do E-2s for existing businesses and solo founders all the time.
What are the top items a solo software founder (of a treaty country) seeking e-2 might not have in their application/background or want in the outcome of an e-2?
E-2s for founders are generally easy as long as there's the qualifying investment and a good business plan. Sometimes founders of very new backgrounds with limited experience run into issues but even this is rare.