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.
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The 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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