Clients usually ask us what is the lowest investment we have handled in an E-2 business plan.
We have prepared business plans with investments of $80,000, $60,000, and even $35,000. However, last year, we did a business plan for a client who invested only US$12,338 and got his E-2 approved. This case was skillfully handled by immigration attorney Rabindra Singh.
We don’t want to imply that any E-2 petition with a low investment will be approved. Low investment E-2 cases are tricky, and only an experienced attorney and business plan company that fully understands the balance between immigration law and business fundamentals can maximize the chances of success.
First, we want to highlight why an E-2 with a low investment may be approved.
In 2014, Ronald Klasko pointed our founder, Marco Scanu, to the Matter of Walsh and Pollard, which says that E-2 visas may be issued with a small investment - as long as it is sufficient to create a viable enterprise. Mr. Klasko was counsel on this famous E-2 precedent decision.
So what did our business plan emphasize to address E-2 marginality in this case?
- Our client had purchased a business that was already viable. It had retained earnings of US$35,784.79.Our business plan showed that, in addition to the $12,338 investment, our client had reinvested these retained earnings, for a total investment of $48,122.79.
- Under the business purchase agreement, the E-2 enterprise would be paid a monthly $1,700 bonus for reaching agreed-upon financial goals during its first year of operations. For the second year of operations, the monthly bonus was set at $1,000. These bonuses totaled $20,400 (year 1) and $12,000 (year 2).
- The E-2 company was already operating and had created 3 jobs - and was projecting to create 4 additional jobs.
- Our client’s business provided a vital service in an isolated community of 5,002 people. A retailer in a small town can benefit from being a big fish in a small pond rather than being one of a multitude of big city retailers!
We are very proud of this accomplishment, which was no small feat.
At Visa Business Plans, we have handled multiple complex and challenging E-2 petitions and renewals, including cases with substantiality and marginality issues: low investment, weak job creation, and unprofitable operations. Frequently, attorneys nationwide consult with us on the business side of their clients’ cases and how business models can be adapted to fit E-2 regulations and adjudication standards.
We can evaluate the readiness of a business for an E-2 petition and provide a detailed assessment that highlights the weaknesses and strengths of the E-2 business. Contact Visa Business Plans today for a free consultation.
