E2 Visa For Treaty Investor Of Chinese Restaurant
- Applicant: Ms. Woo
- Nationality: Taiwanese (Republic of China)
- Industry: Chinese Food Restaurant
- Year Incorporated: 2017
- Number of Employees: 0
- Number of Dependents: 2 children, 1 U.S. citizen (7 years old) and 1 Taiwanese (5 years old)
- Investment Amount: $70,000
- Urgent case requiring the applicant to attain a successful E-2 in 2 months so she would be able to return to her child in the U.S.
- Applicant only had approximately $70,000 to invest in a small Chinese Restaurant
- Applicant had no educational background experience as a business owner or manager, she was primarily a stock investor and homemaker
- Applicant’s source of funding was borrowed from family
- Apparent immigrant intent because after being questioned by a border officer as to her intentions, the applicant came to the U.S. where her child was born during a brief tourist visit.
Any attorney would tell you that the successful petitioning of an E-2 visa for an individual with a clear immigrant intent and no related business experience, within a two-month timeframe and a sparse $70,000 investment would be difficult. In fact, this is exactly what Ms. Woo found when she sought the consultation of numerous lawyers from Taiwan to the U.S. All the attorneys she talked to either wouldn’t take her case because of how difficult it was or didn’t know how to help her file an E-2 Visa. She soon found Tsang and Associates through our website. Though the case was fraught with difficulties, the team at Tsang and Associates assured Ms. Woo that we would do all in our power to assist her with her case and after a short hour consultation provided a clear strategy plan.
We first provided guidance on how to convert her vision of owning a small Chinese restaurant into a much larger financial endeavor with significant contributions to the U.S. We guided Ms. Woo to build a background story that emphasized her personal strengths and an explanation of her child’s U.S. citizenship. And lastly, we provided multiple mock interviews that ensured Ms. Woo’s ultimate success. The diligence and attention to detail that Tsang and Associates provided Ms. Woo culminated in Ms. Woo’s successful E-2 Treaty investor status.
KEYS TO SUCCESS
In order for one to be successful in their E-2 visa application, there are several requirements that are necessary according to United States Citizenship and Immigration Services regulations:
Proof of Real and Operating Enterprise
Showing that Ms. Woo’s small Chinese Restaurant is a real and operating enterprise was difficult. Though she had only invested a small amount into a small mom and pop Chinese food restaurant, Ms. Woo had to prove that her plan would lead to the functionality and success of a new improved Chinese restaurant with opportunity for growth and expansion. With no business licenses, no prior financials, no proof of success, and no contact with employees, the team at Tsang & Associates helped craft an image of the restaurant as having the potential to become a large corporate entity. Working with the few pictures showing the previous small fast food place at the location, we aided Ms. Woo in attaining all of the necessary documents to prove her corporation was more than a mere front for the management of an already successful business. Additionally, we highlighted some of her past work experience to paint her as someone qualified to manage a business. We also helped collect and organize the many documents provided by the previous owners to prove that the restaurant has the potential for a successful takeover. We also provided guidance and feedback for the creation of her 5-year business plan which included an entirely new marketing scheme.
Substantial and Irrevocable Investment
Ms. Woo’s source of funding was tenuous and unsubstantial in nature. As a homemaker, she did not possess a salary to show prior income and savings, she lacked the required tax returns, and she had no stable source of income. The challenge presented by having an investment amount of only $70,000 was faced by our team with a creative solution that undoubtedly factored heavily in the decision to grant Ms. Woo her Visa. The team was required to prove that Ms. Woo’s meager lifetime savings investment would be enough to fund the entire startup of the corporation and that she would not be using her funds for her personal living expenses within the U.S. Our team proved that she had used her investment funds to secure the location of her establishment and to purchase supplies that she would need for the overhaul and rebranding of the location. We demonstrated that the funds had already been fully utilized for the companies relaunching, and that there was no alternative to her successful takeover as Owner and Manager.
More than Marginal Investment
Furthermore, we had to show that the investments made would be “more than marginal.” According to federal regulations, an investment is considered to be more than marginal in the cases that it either provides income that exceeds what is necessary to support the individual and the family or that it would make a significant economic contribution in the future. We guided Ms. Woo in her financial projections and inspired her to show that she would be able to expand her single enterprise into multiple locations and the employment of twice as many U.S. citizens over the next few years. This substantiated that she would in fact be investing in a profitable and lucrative business opportunity. By expanding to multiple locations, Ms. Woo will be able to hire twice as many employees, which in turn proves that her company is indeed “more than marginal”.
Ability to Develop and Direct the Business Enterprise
Without a degree of higher education, no previous business ownership experience, and the resume of a stay at home parent, Ms. Woo faced the daunting task of proving that she was more than simply “an ordinary skilled or unskilled worker.” Though she had no managerial experience in the food service industry, we showed that a small book store that she helped run back in Taiwan provided her the skills that would be required to successfully coordinate staff, manage the financials and budgets, and formulate market strategies of a large corporate organization. Our team showed that Ms. Woo had sufficient experience to step into the role of CEO of her company.
Once the application was completed, we assisted Ms. Woo in the full preparation of her interview, including a mock interview and a list of practice questions. Ms. Woo asked for guidance in how to explain her child’s citizenship and how to answer the questions briefly and simply. As she was so involved in the application process, Ms. Woo had much to say but needed guidance on which information was appropriate to give for each answer. With no room for error, and after multiple virtual mock interviews, Ms. Woo felt confident in each one of her answers and she passed without any difficulties.
The petition was approved on 4/7/2017. Ms. Woo was thrilled and able to return home to her children waiting for her. She was tremendously happy that her difficult case was approved in such a short period of time.
*Name has been changed to protect client identity.
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