A recent article features the Franks, a married couple who immigrated here from London, England on an investor visa over 9 years ago. They qualified for the investor visa in the year of 2000 because they purchased a restaurant, called Laura’s Kitchen.
All extensions were granted, until recently when the California Service Center denied their E-2 visa extension petition stating that the business is now “marginal.” While the Franks admit that profits are down due to a bad economy, the USCIS decision has now turned their whole world upside down because the business they have been relying on since 2000 must be sold. They must also leave the US within 30 days, according to the USCIS decision.
In fact, the Franks have decided to move to Canada, according to the article, where investors are treated more justly. They have since been granted an additional 90 days on a visitor visa to remain in the US for the sole purpose of selling their business. It is disappointing that a couple who has done everything correct and tried to play by the immigration rules now must sell their family business and relocate to yet another country.
Unfortunately at my law office in Jacksonville, Fl, we are receiving phone calls from potential new clients telling us that they are having an extremely difficult time getting their investor visas extended, some for the same reason given to the Franks: Marginality. USCIS refers to the issue of marginality to state that a business must support not just the applicant and his family but also must be able to support other employees in order to qualify for the investor visa. A business in the US has 5 years to show that it is not marginal according to regulations. Before the 5 years, USCIS may refer to the business plan as one of the factors in determining whether the business is deemed marginal or not.
To read the article, please go to http://www.pressherald.com/opinion/punishing-those-who-play-by-the-rules_2010-06-27.html