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Australian Entrepreneur Receives E2 Visa by Investing Capital Equipment and Business Revenue

Oakhurst Legal Group successfully petitioned for a multi-year E-2 visa for an Australian Entrepreneur in Eastern Carolina that did not require an initial cash deposit. It is a common misconception that E-2 visas require a large deposit of cash but there are many other ways to establish a substantial investment that may be more feasible to potential treaty trader investors. E-2 visa investments can range from $50,000 to over $500,000 depending on the industry of the business and the size of the beneficiary's family. One of the cash alternative methods we use for E-2 visa investments is establishing a business from scratch and reinvesting profits back into the business. This can be very effective for potential treaty investor visa clients who do not have a business that requires a lot of start capital to begin making revenue. This approach is also a great idea for potential investors that can run the business based in the United States while physically living abroad.

In this present case, our client working as an employee in another status while he passively owned a construction business on the side. To get started, the employee hired a manager and contributed equipment to the business such as trucks and tools. The business did great in its region due to the unfortunate frequency of tropical storms that come through the area and the business became a go-to resource in the area for disaster relief. We were able to argue to USCIS that his service was a benefit to the community and had a model that could support the addition of several United State's employees. Furthermore, we were able to argue that his contribution to capital equipment and revenue that he directed back to the business for operations purposes was a significant enough investment to process the E-2 visa application. The E-2 visa took under 7 days to be processed at the USCIS service center without a request for evidence.

“We receive a lot of requests for E-2 visas from clients that either does not have the liquid cash on hand to support the E-2 petition or have a business where it is hard to spend a large amount of money to get started,” partner, Sherrod Seward says. “Using the proceeds of the business for the investment of the petition is also helpful to  display the business’ growth potentials which takes the pressure off submitting a detailed business plan.”

 Senior Attorney, Sherrod Seward plans on introducing Oakhurst Legal Group’s approach to E2 petitions to more foreign entrepreneurs looking to come to the United States. This is especially true for Oakhurst Legal Group’s headquarters in Charlotte where foreign talent is needed to keep up with innovation in the FinTech industry.  

To learn more, simply visit our website at oaklg.com or give us a call at (704) 288-1003

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