E-2 Lawyer vs Consultant: Who Does What in an E-2 Case

An E-2 case has two halves. The legal half (eligibility analysis, legal strategy, preparing and filing the application, representation) belongs to a licensed immigration attorney. The business half (choosing the business, building the plan, documenting the investment and getting the company running) is where a business consultant, accountant and broker contribute. Knowing who does what helps you hire the right people, avoid paying twice and spot the red flags.

Who does what: the short version

Task	Licensed immigration attorney	Business consultant
Legal advice on whether you qualify and which visa to use	Yes	No
Choosing between consular processing and change of status	Yes	No
Preparing and filing DS-160, DS-156E or Form I-129	Yes	No
Legal brief and exhibit organization	Yes	Supplies business exhibits
Representation before USCIS (Form G-28)	Yes	No
Responses to 221(g) requests or RFEs	Yes, leads	Supplies business evidence
Choosing the business and checking marginality risk	Reviews legal fit	Yes, leads
Finding, valuing and negotiating an acquisition	Contract review	Yes, with brokers
Five-year business plan	Reviews	Yes, writes it
Company formation, bank account, lease, hiring	Legal documents and review	Yes, coordinates
Tax structure	No (CPA)	Coordinates with CPA

What only a licensed attorney can do

U.S. immigration rules limit who may represent others. Under 8 CFR 292.1, representation before USCIS is limited mainly to attorneys in good standing in a U.S. jurisdiction and accredited representatives of DOJ-recognized organizations. State laws on the unauthorized practice of law also stop non-lawyers from giving legal advice.

For an E-2 case, that means your attorney:

• Gives legal advice on eligibility: treaty nationality, the 50% ownership rule, control, whether the investment is substantial, whether the business is marginal and how intent to depart affects your plans.
• Chooses the legal route: a visa at a U.S. consulate, or a change of status inside the U.S. with Form I-129. See the E-2 application process.
• Prepares and files the application, including the DS-160 for each applicant, the DS-156E where required for employees, or the I-129 and I-539 for USCIS cases, and the legal cover letter that ties the evidence to the rules in 9 FAM 402.9 and 8 CFR 214.2(e).
• Represents you before USCIS, receives notices and answers requests for evidence.
• Advises on later legal steps: renewals, substantive changes, family members, and green card strategy.

The attorney’s value is legal judgment and experience with how specific posts handle E-2 cases. That is not something a consultant should try to replace.

What a business consultant does

The E-2 asks whether a real, active business exists with a substantial, committed investment and a credible future. Those are business facts, and a consultant helps create and document them:

• Business selection matched to budget, experience and the non-marginality standard. See best E-2 businesses.
• Acquisition support: search, financial review and coordination with brokers and the deal attorney. See business acquisition.
• Investment structure and trail: company bank account, transfers that match the operating agreement, invoices and receipts that show funds are at risk.
• The business plan with five-year projections, hiring plan and market analysis. See E-2 business plan requirements.
• Launch: lease, licenses, vendors, first hires and early sales, so the business is real before the interview.

A consultant does not decide legal questions, does not prepare or file visa forms, does not represent you and cannot promise an outcome.

How the two work together

In a well-run case the order looks like this:

1. Early legal screen. An attorney confirms you are eligible in principle and flags risks such as nationality, prior refusals or ownership with partners.
2. Business design. The consultant develops the business choice, budget and plan. The attorney reviews structure and the operating agreement.
3. Investment and launch. Funds are committed, the business is set up and evidence accumulates.
4. Filing. The attorney assembles the legal package, using the consultant’s business exhibits, and files.
5. Interview or RFE. The attorney prepares you; the consultant helps update business evidence if needed.

The E-2 document checklist shows which documents come from which side.

How fees are usually structured

Immigration attorneys commonly quote a flat fee for the principal applicant, with separate amounts for each family member and sometimes for responses to 221(g) requests or RFEs. Government fees, such as the $315 visa application fee per applicant or USCIS filing fees, are paid on top. Business consultants usually charge separately for the business plan and for selection, acquisition or launch work.

Whatever you pay, ask for the scope in writing and make sure no fee is tied to a visa approval: an outcome cannot be bought. The E-2 visa cost guide shows the full budget, including the investment itself.

Can you do it without either?

You can. Some investors with legal or business training file their own case or write their own plan. The risk is that a refusal stays on your record and must be explained at every future application, so most investors treat professional help as part of the investment.

How to vet an E-2 attorney

• Verify the license on the state bar website and check the EOIR list of disciplined practitioners.
• Ask how many E-2 cases the attorney handled recently and at which posts.
• Ask who will actually work on your file and who signs the filing.
• Get the scope in writing: dependents, 221(g) responses, RFEs, renewals.
• Ask whether the attorney reviews the business choice for marginality before you commit funds.

How to vet a business consultant

• Ask for examples of businesses they have helped launch and what their role was.
• Check that they are clear they are not a law firm and that filings go through a licensed attorney.
• Ask who writes the business plan and whether the projections are built from your actual numbers.
• Confirm how they are paid and that no fee depends on a visa outcome.
• Ask for references and independent reviews.

Red flags on either side

• Guarantees. No one can guarantee an E-2 approval. The decision belongs to a consular officer or USCIS.
• A non-lawyer offering legal advice or offering to “prepare your visa application”. In many communities this is known as notario fraud, and USCIS warns about it.
• Advice to keep funds uncommitted in a bank account and call it an investment.
• “There is no minimum, so invest as little as possible” without any discussion of proportionality or marginality.
• Template business plans with generic market data and no link to your real business.
• Pressure to buy a specific business without independent financial review.
• Unclear fees or fees that change after you have committed.

How TealBridge fits

We are a business consultancy, not a law firm. We help investors choose, buy or start the business, write the business plan, organize investment evidence and coordinate with the client’s own immigration attorney, either one the client already uses or an independent attorney from our partner network. Attorneys work under their own engagement agreements, and legal advice comes only from them.

Next steps

Start with the E-2 eligibility checker to see where you stand, review the full E-2 visa cost picture, and contact us if you want help on the business side of your case.