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.

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.

Do you need to sign a commercial lease before filing an E-2 visa application?Not always.Under 9 FAM 402.9, the need for ...
10/05/2026

Do you need to sign a commercial lease before filing an E-2 visa application?

Not always.

Under 9 FAM 402.9, the need for physical premises depends on the business. A virtual mailing address may not support a restaurant, retail store, medical practice, or company that needs employees, equipment, or inventory on site.

A lease may matter when your business needs a customer-facing location, storage space, employees at a fixed location, local licensing or zoning approval, or a facility for manufacturing, distribution, or service delivery.

But signing too early can create risk. You may face a nonrefundable deposit, rent, broker fee, construction costs, a personal guarantee, or long-term obligations if the visa is refused or delayed. A lease also does not authorize you to work in the United States.

In my latest blog, I explain when a lease strengthens an E-2 case, what officers compare against your business plan, how lease payments may be treated as invested capital, and which contract terms deserve careful review.

Read the blog: https://e2visalawyer.net/should-you-sign-a-lease-before-filing-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.

Your E-2 visa and your tax residency are not the same thing.For Canadian entrepreneurs, an E-2 application raises two se...
10/02/2026

Your E-2 visa and your tax residency are not the same thing.

For Canadian entrepreneurs, an E-2 application raises two separate questions:

• Can you qualify to develop and direct a U.S. business?
• Where will you owe tax, and which filings will you need?

The U.S. substantial presence test uses a multi-year formula. Spending fewer than 183 days in the United States does not automatically settle the issue. If both countries consider you resident, treaty tie-breaker rules and specific filings may apply.

Planning should start before you transfer funds, form a U.S. entity, sign a lease, or begin operations. Entity choice, Canadian departure tax, RRSPs and TFSAs, compensation, withholding, state registration, and recordkeeping can all affect the result. A U.S. LLC, corporation, or S corporation may create different Canadian and U.S. tax consequences.

In my latest blog, I explain why your immigration counsel and a qualified cross-border tax professional should coordinate before the business plan, funding timeline, entity documents, and compensation structure are finalized.

Read the blog:
https://e2visalawyer.net/cross-border-tax-planning-for-canadians-applying-for-the-e-2-visa/?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 strong E-2 business can look weaker than it really is when its financial records are incomplete, inconsistent, or poor...
10/01/2026

A strong E-2 business can look weaker than it really is when its financial records are incomplete, inconsistent, or poorly organized.

In my latest blog, I explain what officers may review during an E-2 renewal, including whether:

• The business is actively operating
• The investment remains committed and at risk
• The enterprise is more than marginal
• Tax and employment obligations are being met
• Current records match the approved E-2 structure

That evidence may include tax returns, profit-and-loss statements, balance sheets, bank statements, payroll records, invoices, leases, licenses, and employment documentation.

Clean records do not guarantee approval. But organized books, separate business accounts, monthly reconciliations, and clear explanations for financial fluctuations can help present the business accurately.

Renewal and extension are related, but they are not identical processes. A prior approval packet may not satisfy current requirements. I also share practical recordkeeping steps E-2 investors can use before filing.

Read the blog: https://e2visalawyer.net/why-clean-financial-records-matter-at-e-2-visa-renewal/?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.

There is no fixed emergency reserve requirement for an E-2 investor. U.S. immigration rules do not require every applica...
09/30/2026

There is no fixed emergency reserve requirement for an E-2 investor. U.S. immigration rules do not require every applicant to hold a specific dollar amount or percentage in reserve.

But responsible planning still matters.

A cash reserve can help an E-2 business manage a slow launch, delayed revenue, unexpected expenses, licensing delays, or seasonal fluctuations. It can also help keep the business active and operating while supporting the investor’s ability to continue developing and directing the enterprise.

Your reserve is not a substitute for the substantial investment. Uncommitted funds sitting idle generally do not count toward the qualifying investment.

When sizing a reserve, consider:
• Monthly rent, payroll, insurance, utilities, and loan payments
• Ramp-up time and seasonality
• Dependence on one customer or supplier
• Licensing and permit delays
• Which business-plan assumptions could fall short

In my latest blog, I explain how to separate and document a reserve, trace its source, and show when it would be deployed. Proper planning can also support the business during an extension or renewal if financial performance falls below expectations.

Read the blog:
https://e2visalawyer.net/how-much-emergency-capital-should-every-e-2-investor-reserve/?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 slow financial year does not automatically end your E-2 visa eligibility.In my latest blog, I explain what officers ac...
09/29/2026

A slow financial year does not automatically end your E-2 visa eligibility.

In my latest blog, I explain what officers actually examine when an E-2 business underperforms. Is it still active? Serving customers? Generating revenue? Paying expenses? Maintaining contracts? Employing U.S. workers or following a realistic recovery plan?

The real concern is marginality. A marginal business lacks the present or future capacity to generate more than a minimal living. Officers may also scrutinize declining revenue, unexplained gaps from projections, little or no payroll, no customers or contracts, no reinvestment, and personal expenses paid from business accounts.

Renewals at a consulate and USCIS extensions use different procedures, but both may assess your current eligibility, not simply rely on the original approval.

I also cover corrective measures, adding capital, the four possible paths forward, and why you should speak with an E-2 attorney before selling, closing, transferring assets, or changing operations.

Read the blog:
https://e2visalawyer.net/what-happens-if-your-e-2-visa-business-underperforms-financially/?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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123 S. Mission Drive, Suite D
San Gabriel, CA
91776

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