Beauty Salon Purchase -
Battling Tougher Trump Era Immigration Oversights

Citizenship: Jordan

Total Investment: $110,000 (approx.)

Total Working Capital: $14,000 (approx.)

Challenge:

Our client purchased an existing hair and beauty business and applied for E-2 Change of Status in the U.S. However, the initial application faced a significant hurdle when USCIS issued a Request for Evidence (RFE).

In today’s more stringent immigration environment, RFEs have become increasingly common, especially under heightened USCIS scrutiny. The E-2 Investor Program has not changed. But, the political shifts can influence how immigration officers review applications, meaning even well-prepared applications are now more likely to be questioned. E-2 applicants, in particular, are now required to go to greater lengths to prove the legitimacy and risk level of their investments.

In this case, the RFE challenged two major points:

1. That the documentation provided did not sufficiently demonstrate the full and traceable path of the investment funds.

2. That the investment was not considered "at risk" in the commercial sense, largely because a portion of the funds used had been gifted to the investor by their spouse. USCIS questioned whether these gifted funds could be considered the investor’s personal funds, and whether they had been irrevocably committed to the business.

Strategy:

It is important to note that the initial submission was strong and included extensive documentation and legal support. However, in our experience, even strong cases can face RFEs under current adjudication standards. Our strategy for the RFE was not to reinvent the case or introduce entirely new materials, but to build on the strength of the original filing. We focused on highlighting, reframing, and clarifying key points, ensuring that USCIS could clearly understand the legitimacy of the investment and its qualification under E-2 regulations. Our goal was to deliver a persuasive, well-structured response that directly addressed the U.S. Immigration’s concerns.

1. Path of Funds:
Although no new documentation was required, we restructured the explanation in the RFE response. We expanded the narrative outline of the complete and unbroken trail of the investment clearly and methodically, from its lawful sources, through the investor’s personal account, and into the E-2 enterprise’s business account. This narrative was designed to help USCIS officer easily follow the flow of funds and understand their legitimacy.

2. Investment at Risk (USCIS Challenging Gifted Funds):
To address the second issue, we presented robust legal arguments supported by documentation. We demonstrated that the gifted portion of the investment was fully under the investor’s control and constituted the investor’s personal assets.

Our response incorporated legal references from key sources, such as the investor’s home country law, and U.S. immigration regulations. Together, these reinforced the validity of the gifted funds and clarified their status as a qualifying E-2 investment.

We also provided detailed evidence showing that the funds were irrevocably committed to the enterprise, in compliance with U.S. immigration law. This included records of expenditures and purchases made to launch and operate the business, showing that the capital was indeed at significant risk, regardless of the business’s future performance.

Despite time constraints and the complexity of responding to the RFE from within the U.S., our client remained diligent and followed our recommendations carefully.

Results:

Our client’s E-2 Change of Status application was successfully approved. The RFE response, with its combination of legal clarity, strong narrative, and detailed evidence, satisfied USCIS’s concerns regarding the legitimacy and risk nature of the investment.

This case is an excellent example of what to expect under heightened USCIS scrutiny under the new political environment and how to tackle it successfully.

**Did you know? Our firm provides Guaranteed Support for Request for Evidence (RFE) responses, no matter how complex or lengthy the RFE issued by USCIS. There are no additional attorney’s fees for our E-2 clients who receive RFEs. Click here for details.

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To protect our clients' privacy, names of individuals and businesses have been omitted. In some cases, we may also alter or generalize certain details to further safeguard their confidentiality.