Background
Our client is a professional with a background in management information systems and business operations, who sought to establish a tire retail and repair shop in Florida. His goal was to provide high-quality new and used tires, along with professional installation and maintenance services. However, to achieve this goal, he needed an E-2 investor visa petition approved so he could manage the business. This involved our attorneys demonstrating that the client had made a substantial investment in a real, operating enterprise and that the business had the capacity to grow beyond a marginal venture by creating jobs and contributing significantly to the local economy.
VisaNation Case Strategy
Following the initial filing, USCIS issued a comprehensive Request for Evidence (RFE) questioning the source of the investment funds, the substantiality of the capital, and the long-term economic viability of the business.
Our legal team developed a comprehensive response to satisfy these regulatory standards. The first hurdle was the country of birth. Our client was born in a country that did not have a treaty, so our team had to thoroughly document that his citizenship was acquired by descent through his father, successfully meeting the treaty country requirement without the need for additional domicile evidence.
Additionally, we had to provide a detailed report of the path of funds used for the investment. This report clearly demonstrated that the investment capital was from acceptable sources, including a personal loan secured by the client’s property in Jordan and proceeds from the sale of his personal vehicle.
Perhaps the most significant part of our strategy was proving that the $107,000 investment was substantial. To do this, we submitted a professional business valuation report showing that the startup costs for a retail shop of this scale in Florida typically range from $100,000 to $150,000, positioning the client’s investment as significant and sufficient.
Lastly, to prove the business was not “marginal,” we submitted an updated business plan with detailed market demographics for the county in which the business operated. We highlighted the area’s high vehicle ownership and reliance on personal transport to support realistic five-year revenue projections exceeding $1 million.
The Verdict
After an initial RFE, the E-2 petition was resubmitted with evidence that addressed every concern raised by the immigration officers. The case was approved, allowing the client and his family to move to the United States to manage the enterprise. This success secured the client’s status to develop the business through 2026, bringing essential automotive services to the South Florida community.
