On August 10, 2010, we received an approval notice from the USCIS approving an E-2 case we reopened and appealed for an E-2 client filed on June 27, 2010. Our mission of “Saving Private Status”, our nickname for this case, was hence successfully achieved.
Our client is a majority shareholder of a restaurant in a western state. He previously filed an E-2 extension application to the USCIS based on his continuous investment and operation in the restaurant. His application, however, encountered tremendous challenge and difficulty from the USCIS. His extension was eventually denied because the USCIS found out that while he indicated that he invested over $70,000.00 into his business, the accounting record and tax return of the business of the past two years showed the contributed capital to the company was just around $10,000.00.
Upon receiving the denial notice, this client contacted us and asked for our help. Further investigation and our talk with the client’s accountant showed that the mistake was due to miscommunication between the client and his account which led the accountant to believe that the client’s wish was to treat all the infused money over $10,000.00 to be loans from the shareholders.
Upon learning of this accounting error, we told the client that we believed we can help him save the case. We hence filed an appeal to reopen the case to the USCIS explaining in great detail this accounting error, and without any further inquiry from the USCIS, the case was approved within 60 days of the appeal.
The lesson from this case is that all E-2 investors must be careful in the tax treatment of their investment in the tax returns to the IRS. Wrong treatment of the investment, like in this case, may easily cause applications to be denied. If the tax professional is not familiar with the nature of E-2, and its requirement, denial such as in this case may happen even though the tax filing is not a problem in the IRS’ perspective.
Over the years, Lin & Valdez has applied for countless number of E-2 cases. The investments our clients made for the applications are in a wide range of businesses, including beauty salon, restaurant, camera shop, doughnut shop, supermarket, gas station, convenience store, trading company, day care, bridal service, professional service, hotel/motel, computer company, franchise store, art gallery, and liquor store, fitness center, construction materials, and granite and stone business, etc. We have established ourselves a premier E-2 investment visa practitioner. If you are from one of the E-2 countries and are interested in coming to the US with this flexible visa status, or changing your status to E-2 in the US, please contact us immediately. The help you need is just a click away!