E-2 Visa Lawyer Bobby Chung

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E-2 Visa Lawyer Bobby Chung Bobby Chung is an immigration lawyer focusing on the E-2 Investor Visa & EB-5 Investment Immigration

The information and comments made on this page is not to be considered legal advice. This page is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration lawyer regarding specific case situations.

“I want my E-2 application filed YESTERDAY!”At the Law Office of Bobby Chung, this is something we hear all the time. An...
10/16/2026

“I want my E-2 application filed YESTERDAY!”

At the Law Office of Bobby Chung, this is something we hear all the time. And trust us, we want to file your case YESTERDAY too.

But just like a good brisket, you can’t rush something that still needs time to come together.

Sometimes a few more days can make an E-2 case noticeably stronger.

Maybe you need more investment committed, cleaner source-of-funds records, additional contracts, stronger business activity, or a few more pieces of evidence.

Yes, the goal is to file ASAP.

But “ASAP” should mean as soon as the case is ready — not as soon as possible at the expense of filing a weak or incomplete application.

Sometimes waiting a little longer upfront can help avoid bigger problems later.

In my latest blog, I explain when a short delay may strengthen your E-2 case, and when it may create unnecessary risk.

https://e2visalawyer.net/when-it-makes-sense-to-delay-filing-to-strengthen-your-e-2-visa-case/?utm_source=facebook&utm_medium=blog


DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

Before you wire funds for a U.S. business, think about the tax side first.E-2 classification is not a separate tax regim...
10/16/2026

Before you wire funds for a U.S. business, think about the tax side first.

E-2 classification is not a separate tax regime. You can have U.S. tax obligations even if you are not a U.S. tax resident.

- Entity choice in both countries. Your home country may treat the same entity differently.
- Foreign tax credits. They may reduce double taxation, but they do not automatically eliminate it.
- Source and path of funds. Keep a complete file before the money moves: bank statements, transfer ledger, sale agreements, gift or loan documents, currency exchange records.
- Passive structures. A company designed mainly to hold assets may not fit the E-2 requirement for a real, active enterprise.
- Coordinate your advisers. Share the same core facts with your cross-border tax adviser and your immigration attorney before you wire.

One caveat: this is general information, not individualized tax advice. Your facts matter.

Read the blog: https://e2visalawyer.net/cross-border-tax-planning-before-making-an-e-2-visa-investment/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

When should you form your U.S. company? In most cases, before you submit your E-2 application.But there is no magic numb...
10/13/2026

When should you form your U.S. company? In most cases, before you submit your E-2 application.

But there is no magic number of days or months. What matters is sequence:

1. Plan the structure before major commitments: ownership, location, entity type, with legal and tax advice.
2. Form the company before submitting the application, so official records, ownership documents, and business accounts are ready.
3. Build evidence of a real, committed investment: contracts, invoices, receipts, bank records, and the source of your funds.
4. File when the company and the application evidence align.

One distinction people miss: forming the company is not the same as making a qualifying investment. Registering an LLC, opening a bank account, or leaving money in an account available for other purposes does not show that capital is committed to the business. Records show what was actually invested.

And route matters. If you are inside the U.S. in an eligible status, a change of status to another nonimmigrant classification is not the same as adjustment of status to permanent residence. Confirm which route applies before you set your formation and filing schedule.

Also remember: forming or owning a company does not itself authorize you to work in the United States.

Read the blog: https://e2visalawyer.net/when-should-you-form-your-u-s-company-during-the-e-2-visa-process/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

Paying rent on your U.S. business can count toward your E-2 investment. Signing the lease does not.That is the distincti...
10/12/2026

Paying rent on your U.S. business can count toward your E-2 investment. Signing the lease does not.

That is the distinction people miss. Rent may be counted only up to the funds devoted to that expense in a given month. Annual rental cost generally does not count unless it has been paid in advance. So you cannot add the full rent over a five-year lease term to your investment total just because the contract requires those payments.

Treat each category separately:

- Rent already paid. Document the amount, date, premises, and purpose.
- Rent paid in advance. Count only what you actually paid, and identify the period it covers.
- Future rent not yet paid. That is a forecasted expense in your plan, not money already invested.
- Rent held in escrow. Explain who controls it, what triggers release, and whether you can reclaim it.

Then look at the security deposit. It is not automatically an investment in the business. If the lease lets you get it back, do not describe it as irrevocably committed. Read the refund, forfeiture, rent-credit, and visa-contingency terms before you present it any other way.

One more thing that matters: a clear, accurate record beats an inflated investment total every time.

Read the blog: https://e2visalawyer.net/how-to-structure-rent-and-deposits-to-support-your-e-2-visa-case/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

A business plan is not just a description of your company. In an E-2 case, it is evidence.Generic plans usually fail for...
10/11/2026

A business plan is not just a description of your company. In an E-2 case, it is evidence.

Generic plans usually fail for one reason: they describe an industry instead of your actual business.

In my new blog, I go through the five problems I see most often:

- Statistic-driven market claims that never address demand in your location or your customer segments.
- Multi-year revenue projections with no explanation of the assumptions behind the numbers.
- Future hires listed with no duties, hire dates, qualifications, or link to payroll.
- A company described in detail while the investor's own role is left vague.
- A plan that does not reconcile with the record: bank statements, invoices, leases, payroll.

Officers compare the plan against the rest of the file. It has to tell the same story as your investment evidence, ownership documents, and source of funds.

Read the blog: https://e2visalawyer.net/why-generic-business-plans-often-fail-in-e-2-visa-cases/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

An E-2 case can have a strong business idea and still leave important questions unanswered.Before filing, I recommend st...
10/10/2026

An E-2 case can have a strong business idea and still leave important questions unanswered.

Before filing, I recommend starting with an eligibility review and an evidence chart. Check whether your investment records are clear, whether the source and path of funds are documented, and whether your business plan assumptions are realistic. Also review ownership and control, marginal enterprise concerns, and whether your management experience fits the business.

In my new blog, I explain how to spot these gaps, and how to think through whether to file now or wait until the record is stronger.

Read the blog: https://e2visalawyer.net/how-to-handle-gaps-or-weaknesses-in-your-e-2-visa-application/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

For E-2 families, clarity about a child’s citizenship is one part of a much bigger long-term plan, not a shortcut to a p...
10/09/2026

For E-2 families, clarity about a child’s citizenship is one part of a much bigger long-term plan, not a shortcut to a parent’s immigration status.

I wrote about how to weigh family considerations alongside a multi-year U.S. business plan. Keep each family member’s immigration records and expiration dates separate. A U.S.-citizen child does not extend a parent’s stay or grant the parent status, permanent residence, or work authorization.

Review each family member’s I-94, passport, and visa details regularly. Assess your options well before an extension deadline. And check the child’s other country of citizenship for rules on registration and travel documents.

Treat this as one planning input, not a reason by itself to invest, relocate, or extend a stay.

Read the blog:
https://e2visalawyer.net/how-the-supreme-courts-birthright-citizenship-decision-strengthens-long-term-immigration-planning-for-e-2-investor-families/?utm_source=facebook&utm_medium=blog
DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

A transfer into a U.S. business bank account is not, by itself, a completed E-2 capitalization.For E-2 purposes, your ca...
10/08/2026

A transfer into a U.S. business bank account is not, by itself, a completed E-2 capitalization.

For E-2 purposes, your capital should be:
• Owned and controlled by you.
• Committed to operating the business.
• Subject to partial or total loss if the business fails.
• Supported by consistent financial records.

A direct equity contribution is often the clearest structure. But the documents must agree: subscription or purchase agreement, operating agreement, capitalization table, resolutions, ledger entries, contribution receipt, bank records, and business plan.

The paper trail matters, too. Show each step: from the foreign account to a U.S. account, then to a landlord, vendor, employee, escrow account, or service provider. Explain remaining working capital with a sources-and-uses schedule.

And do not label a repayable shareholder loan as paid-in capital. Its terms can create additional E-2 concerns, especially when the loan is secured by company assets or repayable on demand.

In my new blog, I explain how to structure, document, and present your company’s capitalization more clearly for an E-2 application.

Read the blog:
https://e2visalawyer.net/the-right-way-to-capitalize-your-u-s-company-for-e-2-visa-purposes/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

More than 250,000 U.S. visas have reportedly been revoked since January 2025, including more than 175,000 identified by ...
10/07/2026

More than 250,000 U.S. visas have reportedly been revoked since January 2025, including more than 175,000 identified by August 2026.

Reported grounds include criminal conduct, visa-term violations, fraud or misrepresentation, national security concerns, and birth tourism. The Department of State has not published a breakdown by visa category or country. This does not establish that E-2 visas are being revoked as a class. It does show that visa holders remain subject to post-issuance screening.

A visa and your status are different. Your visa allows you to travel to a port of entry and request admission. Your I-94 controls your authorized stay. A revocation generally affects future travel and re-entry, not the I-94 period CBP already granted.

Before international travel, review your visa, passport, and I-94. Confirm your business is operating and its payroll, lease, licenses, tax filings, insurance, and banking remain in order. Also check pending filings. In some circumstances, leaving the U.S. while a change of status or extension of stay is pending may be treated as abandonment.

I discuss these issues and practical travel considerations in my new blog. If you have a known issue or pending filing, speak with an E-2 immigration attorney before booking your trip.

Read the blog:
https://e2visalawyer.net/250000-u-s-visas-revoked-what-e-2-visa-holders-should-know-before-international-travel/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

A wire confirmation proves that money moved. It does not, by itself, prove where the money came from.In my latest blog, ...
10/06/2026

A wire confirmation proves that money moved. It does not, by itself, prove where the money came from.

In my latest blog, I explain what E-2 applicants should document when investment capital comes from a parent or another donor. A signed gift letter and bank records can help show that the gift was genuine and transferred. But the record should also establish the donor’s lawful source of funds and the complete path into the U.S. enterprise.

The lesson from Islam v. USCIS is about documentation, not a ban on gifted funds. Your file should connect the dots: the donor’s original source of income or assets, every account and transfer along the way, your receipt and control of the funds, and your investment in the business.

The gift should also be unconditional and non-repayable. And the remaining E-2 requirements still apply, including developing and directing the enterprise.

A $200,000 balance on a bank statement does not explain how that balance was created. Build the source-and-path trail before filing.

Read the blog:
https://e2visalawyer.net/e-2-gift-funds-after-islam-v-uscis-why-showing-the-bank-transfer-is-not-enough/?utm_source=facebook&utm_medium=blog

DISCLOSURE: Please do not take any irrevocable actions without full guidance from an experienced E-2 visa attorney. The information in this blog is intended to educate members of the general public and is not intended to be considered legal advice. This is an advertisement. The Law Office of Bobby C. Chung, P.C. limits its practice strictly to U.S. immigration law.

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