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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95028
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a dentist and on H1b visa, I know a dentist whose clinic

Resolved Question:

I am a dentist and on H1b visa, I know a dentist whose clinic is dead for six month because of health reason. this dental practise he is selling it for free. I am planning to buy his practice on the basis of E2 investment visa. My question is how much money do i have to show to obtain E2 visa, remember the clinic is for free. please let me know. thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


Well, I need to know two things:

1) What country or countries do you have citizenship in? I have to check if one of those countries has a treaty with the U.S. that will allow you to qualify for the E-2.

2) How much money do you have to invest in the business in the U.S.? Buying a clinic for no money is not going to work.


Also, will the clinic be located in Virginia? Where? A big city or a small city?
Customer: replied 1 year ago.

1- I am a from pakistan and it is included in the treaty list.


2- he is selling the practice for free but the property he is asking $1800 a month rent. he is not selling the property yet


 


clinic is located in rural area of virginia on the south side of virginia. covington va.


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then unfortunately, that is not going to work. The problem is that while the law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and you would end up being out of status. The reason I ask where you plan to invest is because if you go to a big city, Las Vegas, New York, Los Angeles, Miami, Dallas, Atlanta, Chicago, etc., where most people want to live, the cost of living and doing business is much higher. Covington, VA may be a good location if you have less than $200,000, you may have to open the business in some smaller town in the middle of nowhere that has a very low cost of living and doing business, like maybe a small town in North or South Dakota, Utah, Nebraska, etc. This is because a $100,000 or so investment would have a much better chance of succeeding in such a location.

Usually attorneys do not take cases of E visas for less than a $200,000 investment because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment.

Here is a link to the E-2 if you want to read more:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2ea36811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=2ea36811264a3210VgnVCM100000b92ca60aRCRD

I am truly sorry. I wish I had better news for you. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.

so what u mean is that if the practice is for free i can not get and E2 on that basis, even though I have 200,000 in my account for the future investment in the clinic. Covington needs more dentist and there is shortage of dentist back there. so the business is going to flourish

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That is correct. Your $200,000 has to be invested and at risk. So for example, you could get the business for free, buy a building for $125,000 and medical and office equipment for $50,000, remodel the office for maybe $20,000 and have $5000 left over in your operating account and that would probably work. I understand that business will flourish, but immigration needs to see and the law requires, a significant investment. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95028
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 8 other Immigration Law Specialists are ready to help you

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