Investment Visa Advice

[RTI]

Hi folks

I am new to this forum so hello to all, I am from the UK and a mature graduate if that makes a difference anyways here is my enquiry which I hope some can help with reference the E2 investment Visa.

I am currently in negotiation with a US Business owner who wants to sell his business/inventory for the sum of 6000 USD the business is Aviation related and am a graduate in the Aviation Field again if that makes a difference.

Basically I am able to invest a total of 10 000 USD which includes the purchase of the company/inventory and a initial running capital of 4000 USD the business is already income generating however it is based in one state however for cost savings I wish to transfer it to a completly new state due to the fact I have reletives in said state and I would be living with them in order to reduce my expenditure, I have already sourced a cheap premises to be based the business in.

Basically my investment involves hiring initially 1 employee on a self employed basis/commission basis with future requirements to hire an additional team of 5 full time employees within the first 12 months of operation.

Further to the above I have already approached potential new customer base in the new state whom are in a position to provide supporting LOIs for using the services the company is involved with.

My question is will I likely be rejected for an E2 Visa due to the low purchase price of the company and inventory and further more will I be likely to be rejected due to the low initial investment in the day to day running of the company?

I have previously worked freelance in Aviation management but the company and inventory is directed at the Aviation maintenance field hence the need to employ at least one or perhaps 2 engineers to fulfill potential contracts for which we can show the embassy are in place through LOIs.

Any input or advice would be most welcomed as am a newbie to all this US Immigration however I have been to the USA as a tourist several times before, your input is most welcomed.

RTI

[mickey_mouse]

Hi folks

I am new to this forum so hello to all, I am from the UK and a mature graduate if that makes a difference anyways here is my enquiry which I hope some can help with reference the E2 investment Visa.

I am currently in negotiation with a US Business owner who wants to sell his business/inventory for the sum of 6000 USD the business is Aviation related and am a graduate in the Aviation Field again if that makes a difference.

Basically I am able to invest a total of 10 000 USD which includes the purchase of the company/inventory and a initial running capital of 4000 USD the business is already income generating however it is based in one state however for cost savings I wish to transfer it to a completly new state due to the fact I have reletives in said state and I would be living with them in order to reduce my expenditure, I have already sourced a cheap premises to be based the business in.

Basically my investment involves hiring initially 1 employee on a self employed basis/commission basis with future requirements to hire an additional team of 5 full time employees within the first 12 months of operation.

Further to the above I have already approached potential new customer base in the new state whom are in a position to provide supporting LOIs for using the services the company is involved with.

My question is will I likely be rejected for an E2 Visa due to the low purchase price of the company and inventory and further more will I be likely to be rejected due to the low initial investment in the day to day running of the company?

I have previously worked freelance in Aviation management but the company and inventory is directed at the Aviation maintenance field hence the need to employ at least one or perhaps 2 engineers to fulfill potential contracts for which we can show the embassy are in place through LOIs.

Any input or advice would be most welcomed as am a newbie to all this US Immigration however I have been to the USA as a tourist several times before, your input is most welcomed.

RTI

Key requirement for E-2 is "Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States". And "substantial", while not written down anywhere, is usually considered to be *at least* USD 200,000 - and more like USD 500,000 (half a million US dollars).

To add: your description of "living with family" and "employee as self-employed" are two big NO-NOs. That would make your business a "marginal enterprise", and here's what the USCIS has to say about that:

The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. See 8 CFR 214.2(e)(15).

So - with this plan, you certainly don't qualify for an E-2 visa. You're short a minimum of USD 190,000 - plus the issue of your "employees" not really being your employees.

[william22]

the US government encourages foreign investors to both live and work in the United States. To get a “Green Card” – to become a permanent resident as a foreign investor – you must meet the following requirements:

Invest at least $500,000 in a government-approved regional center; or
Invest at least $1,000,000 ($1 million) anywhere in the US