Need input from E1 visa holders

[jofra 0]

Hello,

 

I would appreciate any input or advice from members who have successfully acquired an E1 visa as small business owners,  or are familiar with the process.  My brother, a Greek citizen, has applied for an E1 - he is working with my husband (who is American) to open a bakery that would feature Greek baking goods, as well as a boutique with food products imported from Greece. The trading aspect involves both importing ingredients for baking, and coffee, as well as goods to be sold in the bakery (i.e. olive oil, honey, baklava, preserves and jams, etc) and through wholesale to other businesses. My brother has imported an initial order to get things going and to demonstrate existing trade, but the consulate officer said that it's not considered substantial yet. Opening the store would help increase trade, but my brother didn't want to enter a very expensive and binding lease for a store, let alone to build it out, without first securing a visa.

 

We were hoping (and were reassured by our attorney) that we had a case, at least as a startup, as there was plenty of initial investment, a great business plan, a signed letter of intent between the landlord and my brother, warehouse lease, architect consultation fees, the prospect of creating jobs for US citizens, etc. The first application was rejected on the grounds of 'insufficient ties with his home country' (which was ridiculous, he has property, loads of family, a  good job, etc). He reapplied presenting evidence of said ties, where he was told that they didn't really refuse because of the 'lack' of ties, but for insufficient trade. This time he wasn't refused the visa, the application has been put on hold and he's been given a year to show evidence of more trade. As the requirements are very vague about what constitutes substantial trade, and the whole thing is very much upon the discretion of the officer who works on your case, it would be helpful to hear about other successful E1 visa holders who were granted the visa as business owners/managers. The thing is, our case is a cross-over between an E1 and an E2, and unfortunately Greece is not an E2 country, just E1. We would definitely tally up recurring and substantial trade, but  it's hard to present it as a startup. Also the fact that the first time they refused on some random, erroneous grounds is definitely not promising, so I'm wondering whether there's a tacit policy to be extremely rigid. Any advice/input would be appreciated!

 

Thank you,

 

J

[jan22 3,053]

Just to clarify one point -- a 214b refusal is used for more than just lack of personal ties.  It is also used for "inadequate documentation of qualification" for the visa category being applied for --  in your case failing to meet the requirements for an E1 based on not having shown substantial, on-going trade.  BTW, a lot of what your lawyer said would be good for your case would be -- if you were applying for an E2 investor visa; it is far less applicable for an E1.

 

An E1 is really hard to obtain for what you are saying is a startup. The standard used is that the trade should be "...a continuous flow that involves numerous transactions over time."  One import transaction certainly will not meet that requirement. Regulations specify that the trade must already be in progress on behalf of the individual or firm.  The monetary value of individual  transactions is not as important in many ways as the number of transactions, i.e., a small business that has numerous small transactions can qualify as well as a large company with a smaller number of large transactions.   To meet the E1 requirement, there needs to be more transaction between the two countries.  It doesn't have to be with your husband's company -- m aybe you can find other US companes that want to import the Greek products.

Edited September 13, 2019 by jan22

[jofra 0]

18 minutes ago, jan22 said:

Just to clarify one point -- a 214b refusal is used for more than just lack of personal ties.  It is also used for "inadequate documentation of qualification" for the visa category being applied for --  in your case failing to meet the requirements for an E1 based on not having shown substantial, on-going trade.  BTW, a lot of what your lawyer said would be good for your case would be -- if you were applying for an E2 investor visa; it is far less applicable for an E1.

 

An E1 is really hard to obtain for what you are saying is a startup. The standard used is that the trade should be "...a continuous flow that involves numerous transactions over time."  One import transaction certainly will not meet that requirement. Regulations specify that the trade must already be in progress on behalf of the individual or firm.  The monetary value of individual  transactions is not as important in many ways as the number of transactions, i.e., a small business that has numerous small transactions can qualify as well as a large company with a smaller number of large transactions.   To meet the E1 requirement, there needs to be more transaction between the two countries.  It doesn't have to be with your husband's company -- m aybe you can find other US companes that want to import the Greek products.

Thanks for your reply jan22. 

 

In retrospect I think that we were misguided by our attorney, who seems to believe that these preliminary trade orders would be enough to demonstrate substantial trade. We always wanted to pursue selling products to other companies but we were hoping we could first build our 'brand' locally and start with our own business that would rely on consistent and considerable imports. At least we have a year to try and see if there is demand for for these products and hopefully order and sell more. Thanks! 

 

 

[jan22 3,053]

On 9/12/2019 at 8:24 PM, jofra said:

Thanks for your reply jan22. 

 

In retrospect I think that we were misguided by our attorney, who seems to believe that these preliminary trade orders would be enough to demonstrate substantial trade. We always wanted to pursue selling products to other companies but we were hoping we could first build our 'brand' locally and start with our own business that would rely on consistent and considerable imports. At least we have a year to try and see if there is demand for for these products and hopefully order and sell more. Thanks! 

 

 

You're very welcome.  I suspect your attorney, if he has done E visas before, has primarily done E2 treaty investor visas -- they are much more common and easier to document, especially for a start-up.  Good luck on getting some more  business transactions going!

[fs2439 46]

I would like to recommend a free consultation with klasko, just because they have generally been able to help out in cases i'm aware of