Success Story: Approval of an E-2 Visa for a Dutch Maintenance Company 

Success Story: Approval of an E-2 Visa for a Dutch Maintenance Company 

Our clients, a Dutch maintenance company, reached out to our firm in need of help securing an E-2 Treaty Investor Visa for their part-time contractors. The E-2 visa is a non-immigrant treaty investor visa that lets nationals of countries with a qualifying trade treaty with the U.S. live and work in the States to develop and direct a business they’ve invested substantial capital in. Dutch nationals benefit from a special arrangement called the Dutch American Friendship Treaty (DAFT), which lowers the usual investment bar significantly. This makes the E-2/DAFT pathway one of the more accessible U.S. business visa options available to Dutch entrepreneurs and business owners.

What made this case particularly interesting was the fact that the company does not have fixed employees, only part-time contractors. Part-time contractor work makes E-2 approval harder because the visa requires the applicant to actively “develop and direct” a real, operating business, not simply pick up freelance gigs or part-time contract assignments. This can look more like informal self-employment than a legitimate enterprise, which immigration officers may scrutinize more when reviewing the case. That said, it’s still doable! Structuring the work through a properly formed company, showing a clear business plan, reinvesting profits, and demonstrating growth potential can help part-time contractors meet the E-2 standards even without a full-time, traditional business model.

Within three months of filing the original application for the Dutch maintenance company, our clients received an approved E-2 visa for their company! Our firm would like to extend a huge congratulations to our clients, who are on their way to operating their business in the U.S.!

This case highlights that a non-traditional business structure doesn’t have to stand in the way of E-2 approval when the application is built on a solid foundation, clear documentation, a strong business plan, and a well-organized company, it can turn a challenging case into a success story. If your business relies on part-time contractors, a flexible workforce, or another non-traditional structure and you’re worried it might complicate an E-2 or DAFT application, Blue Lake Law is here to help. Our firm has the experience to navigate these nuanced cases and guide clients toward the same successful outcome.