This summary will basically run through the key requirements that I will, with your help, endeavor to satisfy. If we satisfy each of these points fully there should be no problem getting your visa approved.

1. Nationality: You must be a national of a qualifying country. I will establish this with a copy of your passport.
2. Investor Must Develop and Direct Operations: You must be investing into a business that you fully intend to manage on a day-to-day basis. Your comprehensive business plan will confirm your role as owner and manager of your business.
3. Source of Investment Funds: You must be able to show where the funds will come from to fully fund the business. Bank statement, property valuations etc will achieve this.
4. Invested and Investing: You must be able to demonstrate that your plans have already been implemented or just about to be implemented. I will show this with copies of any agreements you have entered into, the opening and funding of a business account, monies being held in escrow pending visa issuances. Remember, not all funds have to be in place. If you have already purchased business related property this will suffice.
5. Only Count Qualifying Investments: Remember, when working up your statement of investment, make sure that you do not add expenses such as travel and related costs to the US. Only include those costs actually incurred to set up the business itself.
6. Substantial Investment: You must be able to show that your business will not be marginal, but will generate more than enough for you and yours and employment for others. Your comprehensive business plan will demonstrate how this will occur over time.
7. Verification of Business Plan: The consular office will want some verification as to the authenticity or reliability of your business plan. After all, many people simply fabricate figures in order to meet the criteria discussed above. Obviously consular officials have become wise to this so now they insist that applicants submit supporting evidence as to two key elements.
1. Firstly, confirmation / corroboration (typically two independent accountants and possible one other expert in the field of the business) that business plan is accurate and realistic as to it’s potential profitability.
2. Secondly, confirmation / corroboration that the business will generate the number of jobs indicated. These two points are true where the applicant is starting a new business.
3. Going Concerns: However, where the applicant is buying a going concern, then the only proof required will be the filed accounts of the business and the employers tax returns as to his payment of the staff’s salaries and wages. However, if the business is in the service sector such as a bar or restaurant where tips form a large portion of the “wages” then ‘on paper’ the business might not qualify but in reality it would. As far as US Immigration is concerned, they are only interested in the tax and salary information that has actually been filed.

In addition to making sure that we satisfy these elements with documentary evidence my office will also complete all the necessary application forms for you and yours.

Once in the US, you can again retain my office to make any separate employment authorization for your spouse if applicable to your case.

Bearing the above in mind I look forward to working on your case and may I take this opportunity to wish you the very best with this application and your future business.

Chris M Ingram, ESQ.
Attorney at Law

E2 Visa - Buying A Business