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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
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If you are on an E2 visa that is up next month,

Customer Question

If you are on an E2 visa that is up for renewal next month, are you allowed to not be on a lease and be temporarily working from home when you go for the renewal? What I mean is, we are on an E2 visa, as the time of applying initially we had of course signed a lease but now we have to scale back for a few months while we are waiting for our cash flow situation to improve so I was going to give up my office, will NOT having an office/not being on a lease when I go for my renewal look really bad and affect whether we get the renewal? Is it possible to explain that we don't have an office space right now only because we are scaling back for a few months?
Is there anyway around this? Or suggestions of what to do?
A bit of background to my company, we run fitness/health events so we had an office to do all the logistical stuff from but every other month, when the event happens, we also rent out space from the convention/hotel center so this will not change (even with our cash flow challenge), even though we are scaling back on our office rental expense, we will still have a rental expense every other month that we will pay to our locations that we run our events from. Will that expense that we incur from renting out the hotel be enough (without the office rental expense) to get our renewal to go through?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. And you are the only person who can help me get credit by giving me a positive rating before leaving this site today. So please do not forget to do that.
Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of your question and I will be sure to answer your questions as your personal Expert.
How has the substantial investment changed? Or will it not have changed when you go through renewal? Was the lease part of that you showed for a substantial investment?
Customer: replied 1 year ago.
The substantial investment has Not changed. In the initial investment, we put down the amount we had already spent on the office lease. We did not put down future payments or do any pre-paid rent.
Expert:  Expert James replied 1 year ago.
Thank you. Kindly remember to rate my customer service before leaving this site today. Only you determine whether I get credit for doing my job, so please do not forget to do that. Like you, I want to get credit for doing my job well.
I can only provide you with general guidelines as to how this works. I cannot make any specific determination abut your specific case. The issue at renewal is whether the substantial investment is ongoing into a viable business enterprise. If you are continuing to maintain the same or more of the initial investment as an ongoing investment in a viable business enterprise, then this should not be an issue. But if the investment amount is decreased significantly enough to make the investment no longer substantial, that could be an issue.
But so long as you are still investing at least 51% or the operating costs, it should not be a problem.
I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.
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Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.
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Customer: replied 1 year ago.
Hi James,So when you say "But if the investment amount is decreased significantly enough to make the investment no longer substantial, that could be an issue. ", could you clarify that?We had initially already spent about 50K (without prepaying any future rent but did have the office lease signed and paid up till that month we had filed the initial petition) then there was about 55K in the corporate account. So since the total investment back then was already 105K with about 50% spent, with our business operations now, we have of course spent more than the 50K for ongoing operations costs (we also have monthly marketing costs, inventory costs that we keep up). We are wondering whether having a lease is a black and white check box for the renewal officer , as in if you have it then you pass , if you don't then you don't pass and if not the latter how much does it matter to have it if you are spending money on other operations costs?Thank you.
Expert:  Expert James replied 1 year ago.
No, it is not black or white. The issue is whether you have an ongoing substantial investment in the business, but the investment does not have to be the same exact investments that you did in the first place.
I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.
I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. You are the only person who has the power to give me credit for doing my job.
A BONUS is appreciated, if you feel I've earned it.
If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.
Thank you!
Customer: replied 1 year ago.
Ok so what you are saying is if we are still spending a lot of money (relative to the initial investment) but just not in the form of rental payments then we are ok?
Expert:  Expert James replied 1 year ago.
Hi there,
My apologies for the slight delay. I was away when you responded.
Yes, that should be just fine. The investment is what is important, not the specific things used to meet the threshold investment amount.
I know these issues can be confusing. If you want to talk on the phone for a fee, I can send you an offer for that.
I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.
REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.
Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.
A BONUS is appreciated, if you feel I've earned it.
If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.
Thank you!

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