Many of the most painful immigration setbacks we have seen were not caused by bad cases. They were caused by good advice that was ignored.
One of the hardest parts of what we do is seeing good people fall short of their immigration goals when the warning signs were there all along.
After more than 15 years in business immigration, we can honestly say that visa denials, renewal problems, and business setbacks are rarely caused by bad intentions. Most of the people we work with are hardworking, accomplished individuals who simply want the same things many immigrants have wanted for generations: opportunity, stability, and a better future.
What makes these situations difficult is that many could have been avoided.
When someone has built a successful career or business in another country, it is natural to feel confident. The problem is that confidence can sometimes become overconfidence. Many investors assume that because they have succeeded in business before, they already know how things work. Unfortunately, the United States plays by its own rules. The immigration system is different. The business environment is different. The regulatory framework is different. Success elsewhere does not automatically translate into understanding how things work in the United States, and that is where costly mistakes often begin.
The following are three real situations that taught important lessons.
Story #1: The Client Who Thought He Didn’t Need an Attorney
A few weeks ago, while following up on older cases to learn how they ultimately turned out, we reached out to a former client and learned that his E-2 visa application had been denied.
The news caught us by surprise.
We immediately pulled the file and reviewed the entire project history.
What we found was revealing.
The business plan had been delivered on time. The client was happy with the work. He requested minor revisions, which were completed promptly. Everything appeared normal.
As part of our process, we included several notes in the document for the immigration attorney who would ultimately review and prepare the filing. Among the most important were two issues that still needed to be addressed before the case would be ready for submission: a qualifying investment and a commercial lease. These were not minor recommendations. They were essential to the type of E-2 business he intended to operate and were fundamental components of the overall visa strategy.
At the time, we asked for his attorney’s contact information so we could send the revised version directly and discuss the outstanding items. He declined, telling us it was unnecessary because he would provide the document to the attorney himself.
That was in 2021.
As we continued reviewing the file, it became apparent that those items had never been addressed.
This left us with an obvious question: why?
The notes were clear. The recommendations were documented. The next steps had been communicated.
The answer became apparent as we continued digging through the file.
Eventually, we learned that he had submitted the petition himself. He had decided not to work with an immigration attorney because, in his view, there was no reason to pay someone to “complete forms on his behalf.”
Unfortunately, what appeared to be a cost-saving decision turned out to be very expensive.
No experienced immigration attorney would have submitted an E-2 petition under those circumstances. A qualifying investment and, in this case, a commercial lease were not optional details. They were fundamental components of the case.
What should he have done differently?
Simple.
He should have hired an immigration attorney.
A qualified immigration attorney would not have disregarded those red flags because they understand that these are not suggestions. They are core elements of E-2 eligibility.
The concerns identified in the business plan needed to be addressed before filing. An experienced attorney would have recognized that immediately and would not have allowed the petition to move forward until those issues were resolved.
A business plan can identify issues and provide a roadmap, but it cannot force someone to follow the roadmap.
Story #2: The Business Owner Who Changed Everything After Approval
The second story involves a client whose E-2 visa was approved.
She was thrilled.
Everything was going according to plan.
A few months after opening her business, however, she discovered another business opportunity that excited her even more.
Without speaking to her attorney and without consulting anyone involved in her visa strategy, she shifted her attention to the new venture and put the original business on the back burner.
When renewal time arrived, her attorney discovered what had happened.
Her attorney was deeply concerned.
The concern was simple. She had obtained her visa based on one business but was now dedicating significant time and effort to a different one.
The business she presented to the government was not the business she was operating.
That creates serious immigration concerns.
When applying for an E-2 visa, you are making commitments regarding the business you intend to develop and direct. Significant departures from that plan can create problems during renewal.
What should she have done differently?
She should have called her attorney the moment she began considering the new opportunity.
An attorney could have evaluated whether the change was minor, whether it needed to be reported, whether an amendment was required, or whether a different immigration strategy made more sense.
A related expansion may be manageable.
An entirely separate business may not be.
For business planning purposes, an updated business plan can often play an important role in documenting the new activity, investment, operations, hiring plans, and overall business strategy.
The key lesson is simple.
Never assume.
Ask first.
Story #3: The Business That Wasn’t What It Seemed
The third story involves a client who purchased an existing business for his E-2 visa.
The process went smoothly. He worked with an immigration attorney, purchased the business, and successfully obtained his E-2 visa. Like many investors, he was excited to finally begin the next chapter of his life in the United States.
But after a few months of operating the business, he began to realize that the reality of the business did not match what he thought he had purchased.
He noticed that payroll costs were much higher than expected.
Revenue was lower than anticipated.
Profitability did not match what he had been led to believe during the acquisition process.
Confused, he reviewed the financial statements he had received before purchasing the business.
Everything looked fine.
Still, something didn’t add up.
That is when he contacted us.
We reviewed the financial statements and agreed they appeared reasonable.
Then we asked a simple question.
“Can we see the tax returns?”
When we compared the tax returns to the financial statements, we were stunned.
The numbers told very different stories.
When we asked whether he had reviewed the tax returns before purchasing the business, he admitted he had not.
He didn’t know how to interpret them.
He simply assumed the financial statements were accurate.
That assumption cost him dearly.
What should he have done differently?
He should have performed thorough due diligence before purchasing the business.
If he did not know how to analyze tax returns, he should have hired professionals who did.
We help investors review businesses before they commit their money, and situations like this are precisely why due diligence matters.
Had these discrepancies been identified before closing, they would have raised significant concerns about the reliability of the information being presented to the buyer. At a minimum, the purchase would have required much deeper investigation before moving forward.
Unfortunately, those questions were not asked until after the business had already changed hands.
A business purchase is often one of the largest investments an immigrant investor will ever make.
It deserves careful analysis.
The Common Thread
The purpose of sharing these stories is not to say, “We told you so.”
Quite the opposite.
Our goal is to encourage investors to ask questions.
To seek advice from qualified professionals.
To understand that the U.S. immigration system is often very different from what they may have experienced elsewhere.
To recognize that success in one country does not automatically make someone an expert in U.S. immigration, business acquisitions, accounting, or compliance.
Most importantly, it is a reminder that a little humility can save enormous amounts of money, stress, and disappointment.
You do not know what you do not know.
In all three stories, the outcome might have been different had the client paused, asked questions, and listened to the professionals around them.
Sometimes a single phone call can change the entire direction of a case.
Sometimes it can save a dream.
A Final Thought
If there is one message we hope readers take away from these stories, it is this: do not try to figure everything out on your own.
Immigration attorneys, business plan writers, accountants, bookkeepers, and due diligence professionals each play a role in helping investors avoid costly mistakes. The cost of asking a question is almost always less than the cost of fixing a problem after it happens.
At Visa Business Plans, we have spent more than 15 years helping investors, entrepreneurs, and attorneys identify potential issues before they become denials, RFEs, renewal problems, or expensive business mistakes. Whether you are applying for an E-2 visa, preparing for a renewal, evaluating a business purchase, or considering changes to your business model, a timely conversation can make all the difference.
Sometimes the best investment is not another piece of equipment, another employee, or another business opportunity.
Sometimes it is simply asking for advice before making a decision.
Contact us today to get startedThe information provided in this blog is intended solely for informational purposes. While we strive to offer accurate and up-to-date content, it should not be considered legal advice. Immigration laws and regulations are subject to change, and individual circumstances can vary widely. For personalized guidance and legal advice regarding your specific immigration situation, we strongly recommend consulting with a qualified immigration attorney who can provide you with tailored assistance and ensure compliance with current laws and regulations.
Visa Business Plans is led by Marco Scanu, a certified coach from the University of Miami with a globally-based practice coaching Fortune 1000 company executives, entrepreneurs, as well as professionals in four different continents. Mr. Scanu advises clients on turnaround strategies and crisis management.
Mr. Scanu received a bachelor’s degree in Business Administration (Cum Laude) from the University of Florida and an MBA in Management from Bocconi University in Milan, Italy. Mr. Scanu was also a Visiting Scholar at Michigan State University under the prestigious H. Humphrey Fellowship (Fulbright program) with a focus on Entrepreneurship, Venture Capital, and high-growth enterprises.
At present, Mr. Scanu is the managing partner and CEO at Visa Business Plans, a Miami-based boutique consulting firm providing attorneys and investors with business planning services in the areas of U.S. and Canadian immigration, SBA loans, and others.
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