PDA

View Full Version : E2 visa requirements guidance sought



chloanne
13-07-2004, 04:43
Hi
Having discovered this forum by chance tonight, I am so pleased to have found an abundance of very useful and pertinent information. I do have particular questions about the visa process that do not appear to have been asked previously, and would be very grateful for input from anyone with experience and/or knowledge.

My parents and I plan to purchase a business or startup franchise soon which also satisfies the E2 requirements. Prior to organising a trip to investigate opportunities further, my questions are:

If we consider a start up franchise costing e.g. $70k, but are required to provide evidence of finance of at least $100k, is the entire $100k required to be placed in escrow (we don't wish to lose interest on savings unnecessarily).

If an existing business has just obtained a 5 year renewal, is this likely to be transferred to us as the new owners (or provide us with a more favourable application)?

I had hoped to include my parents as co-investors, but it would appear that there is a maximum of 2 co-investors permissible. The alternative would be for one parent to accompany us on a B2 as an 'elderly relative'. Would that permit then to stay for the duration of my E2 e.g. 5 years, or would they be required to apply for renewal more frequently e.g. every 6 months ?

Thank you very much !
Chloanne

esprit
13-07-2004, 08:24
If you buy a franchise of %70.000, that will probably suffice as investment. The embassy know with a franchise that you will have to buy vehicles and equipment etc as all you are getting is knowhow and an area so the other part of your investment will come naturally. I know people who have got through with franchises of even less than that but where they had to budget for vehicles and equipment. I would say be very careful of most franchises. We almost bought a wellknown maid service franchise until we read the franchise document. The terms were pretty stringent and they seemed to be able to shut you down quite easily. If you get [bad language filtered out] down, that is the visa vehicle gone. Also the percentahe take was high and there was a minimum.

The amount which is put into escrow will be the amount on the contract on which your application is based. Be sure if you are buying franchise to include a get out clause "contingent on E2 being granted". I have heard of someone who bought a franchise at $40,000 being asked to buy the vehicles etc before he got his visa as he had to establish he had put sufficient funds at risk to have made a susbtantial investment as $40,000 didnt suffice.

No they dont transfer visas with a business. If a business has just successfully got a visa for someone. it is likely it fulfills the regulations so will for someone else. Investigate why someone is selling in this circumstance though as the embassy may wish to know this also as they dont want a business to be constantly sold and re-sold as a vehicle for a visa.

Could you not own 50% each and then one parent be an F2 dependant?? I dont know if they all0w this, you need to ask an attorney, It would have to be a big business as it would be seen as keeping two families. You would be lucky if a %70.000 franchise would suffice.
I know a couple here whose Mum goes back and forth on elderly relative B2. She doesnt have to keep re-applying but keeps having to leave the country evety six months. The law on B2 in general is that you then have to leave the country for 6 months. Well as an elderly retiree she doesnt stay out that long and gets back in again after a few weeks. BUT it isnt something which can be relied on as it is at the discretion of the immogration officer seen on the day.

chloanne
16-07-2004, 01:09
Hi
Thank you very much for replying. Much more to consider than we first anticipated but we remain focused nonetheless!

I am concerned to learn that the length of initial visa - 2 or 5 years, and indeed extension, may be at the discretion or worse 'whim' of the officer reviewing our application. Can anyone shed light on this ? A 5 year visa is of course considerably more appealing.
Thank you
Chloanne

esprit
16-07-2004, 07:34
I got five years, my friend who bought at the ssme time only got two. Our investment was similar but I had considerably more staff members than she did. Yes it does seem to be at the whim of whoever it comes in front of. Renewal is for 5 years at the moment, but who knows what it will be in five years time, they keep movng the goalposts.

chloanne
24-07-2004, 22:42
Thank you very much Julie. I have spent some time conducting research in addition to reading all pertinent threads here and appreciate that it's going to be tough - but we are really committed.

I have several other questions regarding business opportunities and retaining existing US employees which I will post to the appropriate existing threads.

Thank you again meantime.
Chloanne