Increased Inspections under the E-2 Visa
During the administration of former President Donald Trump, the United States invested over 55 million dollars in operations targeting illegal immigrants. Immigration and Customs Enforcement (ICE) has been particularly focused on businesses, especially restaurants, holding E-2 Investor Visas, causing significant pressure and fear among Thai investors.
The concern extends beyond labor shortages to the pitfalls of interview and screening questions. Incorrect or inaccurate answers can lead to immediate revocation of eligibility and deportation.
Common Questions from ICE
When officials inspect, investors should be prepared for in-depth questions such as:
- Who manages the store?
- Who pays the employees’ salaries?
- Who orders raw materials, food, and equipment?
- Who pays the building rent?
- How many years of experience do you have in business?
- Why not hire local workers (such as Americans) to work in the kitchen?
These questions are critical as officials use them to determine the legitimacy of an investment and to distinguish between genuine investors and “fake investors” who merely purchase rights without actively managing.
Risk Points to Be Aware
- Executive Role: The E-2 visa identifies the holder as an executive or business manager, not just a kitchen worker. Spending eight hours a day cooking as a “business owner” may be seen as unqualified.
- Document Management: Officers have the right to review all documents, including lease agreements, financial statements, employment contracts, and payroll documents. Investors must ensure all documents are accurate and available for immediate inspection.
- Answer Questions Truthfully: Lying or misrepresenting information can lead to downfall. Answer confidently, to the point, and in line with submitted visa documents.
If a visa holder primarily performs “labor” roles, such as standing in a kitchen, without demonstrating managerial decision-making, an officer may interpret that the holder is not performing the duties specified on the visa.
Prevention Guidelines
- Prepare a Legal Advisor: Investors should have a lawyer available for consultation to check the readiness of documents and administration.
- Review Visa Conditions: Understand the conditions of your E-2 visa to ensure compliance with the law.
- Manage Your Business Professionally: Act as a “real investor,” participating in management decisions rather than just doing the work of employees.
- Stand for the Truth: No matter how pressing the question, the truth is the best defense.
Avoid incoherent answers or statements that don’t match submitted documents. ICE officers may have documents in hand or ask random questions to verify the truth. Be prepared. Answer briefly, clearly, and directly. There’s nothing to hide.
The law is becoming tougher, making it harder for investors who don’t follow the rules to survive.
