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In re Walsh

Board of Immigration Appeals

20 I. & N. Dec. 60 (1988)

Facts

The applicants (plaintiffs), two men who were natives and citizens of Great Britain, were automotive engineers seeking admission as treaty-investor employees pursuant to their E-2 visas. The applicants were employees of IAD Modern Design, Ltd. (IAD), a British-owned corporation. The applicants came to the United States as part of a contract between IAD and General Motors. Both men had a significant combination of education and experience designing transmission systems. The parties agreed that there was not a sufficient number of automotive engineers in the United States to meet the demand from manufacturers. IAD created a Michigan corporation, IAD Modern Design, Inc. (IAD Michigan). IAD Michigan rented office space, purchased office furniture, hired two United States citizen employees, and maintained a bank account of approximately $15,000. IAD Michigan helped to facilitate and expand contract relationships between IAD and American automobile manufacturers. Testimony was provided that IAD Michigan was expected to generate substantial revenue and to provide job opportunities in Michigan. The chief immigration judge granted the applicants’ admission. The Immigration and Nationalization Service (INS) appealed the decision.

Rule of Law

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Issue

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Holding and Reasoning (Milhollan, J.)

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