uxdady

I live in the UK, and was wondering if anyone could help.

I am devastated at the denial of my E-2 visa, at the American Embassy here in London recently. Last 2 years I worked so hard. I didn't have enough money, so I really worked hard to make that investment. In the end the Visa was denied.

I would like some advice.

I invested $100,000.00 in a franchise business in the USA, selling energy mints via vending and retail.

At the embassy interview recently my E-2 visa was denied on the basis that the investment was not more than a marginal one solely for earning a living.

My question is, is there another way to obtain an E-2 visa, like go to the USA on a B1/B2 visa and then apply for an E-2 visa from there.

I know about the L1 visa. I have been approached by the company I have invested in the USA, who say they have just opened the markets in the UK, and I can go ahead and sell the mints here. So theoretically after a year I could apply for an L1 visa, but I am interested in leaving the UK right now, and so I am not prepared to wait for another year.

That's why I would like to know if there was another way.

Any help would be greatly appreciated.

scrubbedexpat099

Revive?

Is that true, what did your Attorney say?

You are confusing Visa and Status. Do you have a B visa. If not how would you get one?

Very theoretically

There are lots, family sponsorship is the big one.

Duncan Roberts

Did an immigration lawyer tell you that was a good investment to get an E-2 visa?

uxdady

He thought I would be able to get a visa for a minimum of 2 years, but if not then definitely 1 year and boy was he wrong!

uxdady

Yes I have invested in selling Revive Mints.

All my attorney said after the visa denial was that the embassy had questioned the ability of the business to generate money.

I don't have a B visa, but I would apply for it at the embassy, if required.

I don't have any family in the USA and so family sponsorship is out of the question.

crg

How much money have you parted with, or did you just set it up without sinking the money until you found out if you could get a visa or not?

The L1 is either for employees with specialized knowledge or an employee who manages professionals. I don't see how filling a machine with product and placing it somewhere then stocking it would meet the criteria (if that is what this is).

fatbrit

The money is usually held in escrow subject to issue of the visa. If your attorney advised otherwise, it was piss -poor professionalism.

uxdady

Embassy rules state that the money has to be invested before applying for the E-2 visa. Therefore I have invested $100,000.

The money is still held in Escrow. That is not the problem. The fact that I don't know how to move forward from here, so that my chances of gaining a visa become favorable is the problem.

fatbrit

So get your money back and get in with your life in Blighty. You're unlikely to get an E2 out of London with a mere $100k on the table.

Awesome Welles

Get your money back and count yourself lucky.
Energy mints - what a crock.

scrubbedexpat099

Sounds like the Consulate have done you a BIG favour.

E2Brutus

Theoretically you can secure a B2 visa and then apply for an E2 visa from within the US. There is a lower threshold for securing the E2 within the States and you may get it. However, I think it is unlikely that London would issue you a B2 because it will be hard for you to justify why you need that over VWP, and secondly if you ever need to come back to the UK for E2 renewal they will see what you have been up to and deny entry. Finally applying for a B2 with the intent of changing status is not permitted so it is not even an option.

I think the lowest dollar way to get into the US from the UK consulate, via an E2, is $150,000 in a food franchise. That's what I was told by three separate attorneys.

uxdady

Thank You E2Brutus. I think for Michigan the $100,000 is enough, but the fact that I couldn't prove the business would do well (how could I predict what will actually happen apart from theoretically predicting the figures) and that employing two extra people was still not enough.

lisa67

I didn't think geography would come into the equation..... Why does it matter where the business was going to be?

scrubbedexpat099

It could do.

Depending on the business set up costs could be very different.

My understanding of this sort of franchise is the it is more a part time/one person opportunity

To add the costs of 2 employees plus their transportation etc etc, I just do not see how it could add up.