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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108658
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I lost my job to an E2 Treaty Investor. My company dismissed

Customer Question

I lost my job to an E2 Treaty Investor.
My company dismissed me and brought him in 7 days later.
How? Can a US Citizen (me) get replaced legally?
I have seen his application and it clearly shows THE APPLICATION FORM SAYS THE POSITION WAS AN ADDITION TO WORKFORCE.
HIS E2 form reports 4 million was being invested which is not true. The 4 million is the original letters of incorporation in Deleware 4 years ago.
I lost my job and income, he now lives her with his family unde the E2.
How is this possible??
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Olivia Kent replied 11 months ago.
Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking. I'm sorry you lost your job - that can't be easy. However, your employer generally has the right to hire and let go whomever they choose as long as it's not for a discriminatory reason. I don't like being the bearer of bad news - but I wanted to respond because I see it has been several minutes since you posted your question and I wasn't sure if you'd get a response since really the only thing that can be said is that it is legal (at least as far as what you've written). Please let me know if you have additional questions or need me to clarify anything. Please do NOT post a negative rating if there something you remain unsure about or if you're just not happy with the law. Please ask a follow-up question, which I will be happy to answer. If you do not have any additional questions I would appreciate your leaving positive feedback since the only way we receive credit for working with you is if you leave positive feedback.
Customer: replied 11 months ago.
Thanks for the reply.I was turning 50 years old when this occurred. They lied all the way around on the State Department Documents.I sued them on discrimination age/national origin, I have all the proof thru the court requests.They have asked to settle.I have asked for a settlement of $306,000 from loss of income and loss of personal property when I was let go. They kept a hard drive that was my entire career of 20 years.I am starting over....after building the division and replaced by a 36 year old from Italy that they paid $20k more a year and offered 18 months severance. They offered me 2 weeks pay and kept my bonus.I feel as a U.S. Citizen I had protected rights that prevented this type of activity.Using an E2 visa when they are not really an investor is my main question. I am looking for visa rules experience. I see many cases on lexis nexus that involve US Citizens losing their jobs as a result of Visa Fraud.I am looking for that expertise in this area at the present time. You should not be able to so easily defraud the State Department and take US jobs in my opinion.E2 Visa Experience on the ins and outs is what I am looking for. I clearly see extensive penalties for such activities.Agree?
Expert:  Olivia Kent replied 11 months ago.

I will opt out and perhaps someone with significant E2 Visa experience will be able to pick up your question.

Customer: replied 11 months ago.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Is the company at least 50% owned by Italians? What were the lies? What will you be able to prove that they lied about? How?

Customer: replied 11 months ago.
The company is owned by 3 Italians. None have 50% or greater stake in the company from the letters of Incorpration filed in the state of Delaware. (all have less than 50%, none of the owners are the person that took my job he was an employee)Said employee wrote to state department in 2013 saying he wanted to work in America as an Engineering Manager. This job he wrote about was my job. No where did he write "I'm taking a US Ctizens job". I have this document thru court order.E2 Visa forms state it was an addition to work force. This lie was signed by the President and Immigrant. He replaced me. I have this form as well thru court order.I have his letter of offer that clearly states it is my position he took. They paid him $20k more a year, guaranteed 18 months severance, a 10k bonus, company car, and promised they would pay to have his wife/kid brought in on Green cards at their expense. I have these documents thru court order/discovery. It is very clear.They stated my job was eliminated to me as the reason. NOT TRUE, he was offered my exact job. I have both their response (my job was eliminated) and the proof that for a year they worked to get the immigrant into the USA. All application forms submitted to state delpartment, letters of offer, his state department original application.His application states, NON MANAGER/technical position he took a management position. Another lie clearly on the form they signed.His investor application states he invested 4 million. NOT TRUE! The four million is the original $$ to start the business years ago in Deleware. There is no "fresh" money.I was turning 50 at the time. I have a 4 year degree from the university of cincinnat and an mba from Xavier 20 years experience. He has 6 years experience and a 4 year degree in Italy.Discrimination by national origin/age is the main thing I sued for.Plain and simple, they gave a 36 year old immigrant a 50 year olds job. They couldn't offer me other openings in the company because they knew I would object.None of this is hear say. I have all the documents and communications to prove it.My goal:
Recover lost wages/bonus.
Recover property value they kept when they kicked me out.
Revoke his E2 on the basis of fraud.
Punitive damages for what they have done.Currently they want to settle and I have asked for a value. I have asked for $306,000.That settlement will allow him and his family to stay in country.I'm still recovering and have 40k in debt I never had till this occurred.They countered with $50k, first offer in the negotiation.My belief is I have the upper hand in this situation. If need be I will continue to trial but am trying to understand IF the fraud they have committed is serious enough for them to take my civil case more seriously.IF I settled for 50k I would still have debt from loss of income after I pay attorney fees.Seems like a bad choice since I have them red handed in E2 visa fraud.What say you? Is this offense serious enough? Lies on E2 visa documents to get him into the country?Should I settle and let him stay in USA ?Or is case strong enough to win my original goals:Recover lost wages/list bonus/lost propertyRevoke E2 visaSend him home for Visa Fraud, he knew he was taking my job, it is clearly documented.Punitive damages for faux on State Department Visa documents.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

But if combined, to the 3 Italians own 50% or more of the company? And are they also on E-2 or could be classified as E-2?

Also, do you have an employment contract that they violated?

Customer: replied 11 months ago.
Three Italians combined would be more than 50%.They only visit USA. None are on E2 Visa.I am not under contract.I am 50 years old, US Citizen that I thought meant I had protection from job loss due to my age and also being a U.S citizen.I see penalties for immigration fraud cases on Lexus Nexus. It seems like this case is clearly fraud.But that is why I am looking for expert advice on E2 Immigration.I have one witness that states applicant said to him"I'm either moving to America or I am going to quit this company"So they dismissed me, stole my bonus, personal property, and offered me two weeks pay to sign a release .I said no and sued them. It's in court discovery phase and they are now saying "let's talk settle".How serious is their fraud on documents? Do they have the right to lie/fraud on State Department Documents and as a result I lose my job?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I had a bad feeling about all that. I may have some bad news for you. I just ask that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all. It looks like an E-2 is possible under those circumstances. And without an employment contract, it would be very difficult to sue since there is no contract to breach. You are basically an "at will" employee. Now you may be able to sue in regards ***** ***** How many employees does the company have in total? How many are Italians? How many non-Italians have been fired to be replaced by Italians?

Customer: replied 11 months ago.
Can you clarify circumstances that lead to a bad result? I am not clear.50 employees/3 ItaliansI am the first person to be subjected to this.I'm not gonna leave a negative feedback. I am doing research on E2 Visa law so I know what to do/choose.Side note: Please be clear on why % owned matters. It is my understanding that the 4 million he had to invest is money of his own and had to be in "escrow". Maybe I am wrong.If I can't revoke his E2 visa so be it. I will work on the best settlement.Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Well, it's that there are TWO ways to get an E-2. One way is through ownership of the company. There you have to invest money, probably around $200,000 or so for the one person to immigrante (plus their spouse and minor children). Not sure where you are getting $4,000,000 from, but even a green card through investment only requires one million. An E-2 only requires "substantial investment" and USCIS doesn't give a number to show what that is, but most attorneys don't like to take E-2 cases where the investment is less than $200,000, though some have been approved with less. The other way to get an E-2 is as a key employee and no investment is needed for that E-2 in that manner but just proof that at least 50% of the company is owned by Italians (in this case) that are either on E-2 themselves or could be classified as E-2. Here is the official link:

So it seems to me that this new employee is not a Treaty Investor, but an employee of a Treaty Investor.

Now if you believe that there has been some fraud committed and you have some evidence, you can certainly report this to Immigration and Customs Enforcement (ICE) and if the evidence is strong enough, they can perform an audit of the company which is going to be at least a pain and if they discover something, could have wide ranging repercussions for the company.

Please review what I have written and I will call you in a few minutes. Thank you!

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