Donald Trump and the E-2 Visa

How Trump has impacted the E-2 Visa
Unfortunately the E-2 visa does not have many set parameters making the criteria for approval somewhat ambiguous. Our general criteria has always been a minimum of $100,000 investment, however in some cases that amount could be slightly lower if the applicant had a strong business plan and business background.
Many factors come into play when the official is making their decision. It is up to you to convince them your business plan is sound and will have a positive impact on the US economy. And you have to consider your case as a whole. While one applicant may be approved with very solid business experience and a strong accent, you might now. And while there is nothing really on paper suggesting these are essential requirements, we have seen the bar raised and the candidates that are accepted seemingly have to bring more to the table under Trump.
One example - in circumstances where the prospect had less than $100,000 to invest we would suggest service based businesses or those with intellectual property as the primary investment, rather than assets. So consulting type businesses, recruitment or property management that use a small office as opposed to a large retail space.
Since Trumps election these types of businesses have come under enhanced scrutiny and many times the prospects are being asked to release escrow and show proof the business is capable of sustaining itself. Meaning they have to actually start the franchise which can be scary to release all your funding with no guarantees. This doesn't happen every time, however it does happen and lower budget applicants using this strategy should be prepared for this eventuality.
Another low investment budget strategy has been to buy a resale business that is financially distressed. This has always been scrutinized and I'll put a link to our bargain resale video above. In this case you need to provide a business plan for a turnaround and give credible reasons as to why you, a new immigrant to the US will be able to turn the business to profitability when the US resident owner could not.
Traditional brick and mortar franchises with higher investment have not appeared to have been affected so if you are investing $200k and up and all other criteria are met you should not have an issue.
Everyone is adjusting to the new bar Trump has raised and we are still learning how to best adjust. There are still approvals however it takes a bit more work, a stronger business proposition and often some creativity to obtain the E-2 visa approvals.
Here at Franchise City we help match E-2 applicants with popular American franchises. A well known franchise will often have benefits over a start up business plan. There is no charge for our service and you can learn more by clicking the link above. Thanks for watching.
www.franchise.c...
www.uscis.gov/...

[@hannah3542]

How come as of late 2018 and early 2019, E2 visas are becoming declined more easily than ever in the past. What has changed to make them decline more E2 visas? Also they are barely granting B1 visas. Is it harder to get us visas now than it was 5 years ago? What is going on??!! Why does it also take a lot longer than it used to?

[@princeedakota9357]

you can stay on a B1/B2 visa (Tourism) while developing your business, but it might take longer than the 6 months that they give on your entrance, so you will need to apply for an extension, which will give you another 6 months (total 1 year) enough time to develop a business. If you enter the US with your treaty country passport on a tourist visa, you can apply for the E2 in the US without having to go back to your country. If you entered the US on a Visa Waiver, you will have to go back to your country to apply for the E2. Take my word, went through all that. By the way, don't you ever apply for the E2 without investing a minimum of $100 thousand dollars. I applied with an investment of $67 thousand dollars and got denied, then invested more which reached up to the $100 thousand dollars and got approved.

[@FranchiseCityOnline]

Thanks for the comment. We also suggest a minimum of $100k investment although we have seen approvals for much lower. In certain cases it can be a disadvantage applying in the USA as exit/entry may be limited and time between next interview reduced. We suggest our clients always speak with an immigration attorney

[@Andrea-id7ev]

Thanks for the video was extremely clear and hepful, I have a question. If I am going to ask for E-2 Visa with what right I am staying in US the time to setup the business? Thank you very much in advance!

[@FranchiseCityOnline]

Thanks for the comment. I'm not sure I understand the question. If youb are asking whether you can apply within the USA, yes you can. However it may prove advantageous to apply in your country of residence at the consulate. Applying within the USA can reduce your time between next interview (2 years) and disallow multiple entry and exit permissions. Applying in your country can potentially provide 5 years vs 2, and unlimited entry and exit from the country. Of course all situations and countries are different so please consult an attorney for your specific situation. Let me know if that was the question you were asking.

[@princeedakota9357]

you can stay on a B1/B2 visa (Tourism) while developing your business, but it might take longer than the 6 months that they give on your entrance, so you will need to apply for an extension, which will give you another 6 months (total 1 year) enough time to develop a business. If you enter the US with your treaty country passport on a tourist visa, you can apply for the E2 in the US without having to go back to your country. If you entered the US on a Visa Waiver, you will have to go back to your country to apply for the E2. Take my word, went through all that. By the way, don't you ever apply for the E2 without investing a minimum of $100 thousand dollars. I applied with an investment of $67 thousand dollars and got denied, then invested more which reached up to the $100 thousand dollars and got approved.

[@elite4124]

Can you still be qualified while living in the US with an established business For the E2 visa? Your feedback would be much appreciated thank you.

[@FranchiseCityOnline]

Not sure if I understand the question. Many people do start the business first and then apply for the E-2 visa while the business is operating. There are considerable restrictions however on what type of business activities the foreign national can engage in prior to E-2 approval. Your lawyer can provide a list of acceptable business activities. Your current visa status will also be of consideration. Best to speak with a lawyer - our expertise is related to franchising not immigration. Thanks for visiting.

[@littlebennie3196]

So it sounds like a plan and then again kind of risky. So I go ahead and buy a small apartment house in America, having done rentals all my life in my own country. But then for some reason immigration doesn't give me the E-2 Visa. Then what do I do? I invested a lot of money into a country that I cannot visit anymore. Isn't there some way to get the condition that the visa is granted when I complete the purchase of the property?

[@FranchiseCityOnline]

Thanks for the comment and sorry to hear of your denial. While every situation is different we often suggest clients consider keeping away from purely investment E-2 petitions as they can be more difficult to demonstrate economic benefit. Small businesses with employees, contractors and more developed infrastructures are often easier to communicate immediate benefits to the community. In the above scenario you could perhaps present an escrow offer - funds held in escrow contingent on E-2 approval although some sellers may be reluctant to consider this, and immigration occasionally will not accept escrow. I would suggest you speak with an E-2 immigration attorney to discuss options for your specific case.

[@r.o7897]

Can I ask, how much money, did you invest? And how many rental units, did you buy? And did you have a plan, for expansion, of the number of units? And a plan, on how you would make use, of american workers?