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Can I change the location of my LLC while on an E-2 investor visa?

Honolulu, HI |

My husband and I moved to the US a month ago with an E-2 investor visa. The necessary LLC was founded in Arizona because our visa consultant is located there. He acted as a statutory agent for us while we lived in Europe (during the visa application process). 

Our actual location and our business is in Hawaii. Therefore we would like to "transfer" the location of the LLC to Honolulu. I know that it is not possible to "transfer" the LLC, I understand we have to terminate the LLC in Arizona and register a new one in Hawaii. Is this correct? 

My question: will the termination of our original LLC in Arizona create any problems for our E-2 visa? The new LLC in Hawaii will have the same company name and the type of business is also the same. Nothing will change except the business location.

Attorney Answers 4

Posted

Yes, this is possible and the E-2 rules do not contemplate that that the nature of your investment will never change.

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Posted

Sure.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Yes.

The Court of Appeals for the Second Circuit has stated that immigration law is "a notoriously complex and constantly shifting area of law."

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

I agree with my colleagues, this should be possible. I suggest that you obtain counsel here in Honolulu to be sure you remain in compliance throughout the transition.

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