How One Entrepreneur Turned Her Dream Into Reality With an E-2 Visa for a Salon Business

Hey, everyone! I’m Ben Frear, an immigration lawyer who focuses on helping entrepreneurs fulfill their dreams of running businesses in the United States. Today, I want to share a real-life success story about one of my recent clients who applied for an E-2 visa to open her own salon here. Her journey is a fantastic example of what it takes to secure an E-2 visa and establish a business in the U.S. Let’s dive in!

The Dream of a Salon Business

My client had a vision: to start a high-end salon in the U.S. With extensive experience and a detailed plan for her new venture, she was well-prepared for the challenges ahead. Like many of my clients, she already understood the basics of the E-2 visa, which requires a significant investment in a real and operating business that will create economic benefits for US workers.

However, timing became a critical hurdle.

Timing Is Everything

When applying for the E-2 visa, having everything set up in advance is crucial. This includes making an investment that’s at risk and preparing the business to start operations—such as securing equipment, signing leases, and obtaining licenses. The challenge? Many entrepreneurs, like my client, find themselves paying for things like leases months before they can use them due to visa processing times.

To address this, we strategized around the timing. She entered the U.S. on a B-1 business visitor status, which allows for business-related activities, though not employment. This was perfect for her needs. She could sign the lease, open a business bank account, meet with contractors, and get everything ready to go—all within legal boundaries.

Building the Business and Investment Breakdown

Once we had most of the investment secured, we submitted the E-2 visa application. Here’s a quick breakdown of the main costs involved:

  • Salon equipment: $5,100
  • Legal fees: $8,400
  • Lease deposit: $4,300
  • Social media and marketing: $3,300
  • Construction: $39,000

She also had funds in the business account for ongoing expenses, totaling her investment at around $82,000. This investment was not only substantial but also essential in demonstrating her commitment to the business and its potential impact on the local economy.

Job Creation and Meeting the Marginality Requirement

For the E-2 visa, it’s crucial to show that the business will be more than just a means of self-employment; it needs to create jobs. In her business plan, my client projected three employees in the first year and anticipated growing to a team of eight by year five. This job creation potential added strength to her case, meeting the “marginality” requirement, which mandates that the business positively contributes to the U.S. economy.

The Interview and Overcoming Challenges

One of the things that worked in her favor was the consular post she applied through had a relatively short wait time. Her interview was scheduled within about a month and a half of applying. During this period, we meticulously reviewed her case, going over every detail.

However, there was one challenge: the construction wasn’t quite complete, and without it being fully finished, we couldn’t finalize the business license. We discussed the risks, and ultimately, she decided to proceed with the interview. We understood that if it didn’t go through on the first try, we could reapply once everything was ready. But fortunately, a reapplication wan’t necessary —  the visa was approved!

A Bright Future Ahead

Her perseverance paid off, and I can’t wait to see her salon flourish. Her story illustrates that while every E-2 case is unique, with thorough planning and the right guidance, you can overcome obstacles and achieve your entrepreneurial dreams in the U.S.

If you’re considering the E-2 visa path, remember that each consular post may handle cases a little differently. Consulting with an experienced E-2 visa lawyer can be invaluable in helping you navigate these nuances and tailor your application to meet specific requirements.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The E-2 visa process can vary by individual case and consular post. For advice specific to your circumstances, please consult an experienced immigration attorney.

Ben Frear, Esq.

Immigration Lawyer for Entrepreneurs

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