E-2 Case Study: Spanish Entrepreneur Builds an At-Risk Investment Record for a Florida Franchise

The Client

R.M. is a Spanish national with a track record of operating café chains in Madrid. He wanted to expand his business into the United States. After research, he identified a fast casual Mediterranean restaurant franchise expanding in Florida as his vehicle of choice. 

Spain has an E-2 treaty with the United States, and its reciprocity schedule allows visas of up to five years, which made the E-2 category a natural fit compared to other visa options. 

The Challenge

• Proving the investment was genuinely at risk: Adjudicators need to see that funds are committed to the enterprise. The petition needed to document that R.M.'s capital was irrevocably deployed into the franchise.
  
  
• Building a credible, non-marginal business plan: The petition needed a business plan that showed credible job creation prospects, demonstrating that the enterprise was more than a vehicle for the investor's own income.
• Establishing true franchise control: Consular officers often scrutinize whether a franchisee has genuine managerial control. The petition needed to firmly establish R.M.'s control over the business, different from an employment relationship with the franchisor.

Our Approach

1. Document Capital At-Risk

R.M. purchased 100 per cent ownership of a single-unit franchise with commitments in leasehold improvements, restaurant equipment, and signage. He established a Florida LLC, obtained an EIN, and opened a business bank account, with all funds transferred directly into the corporate account.

We documented full franchise fee payments, the execution of a commercial lease, construction deposits and equipment invoices, initial payroll for the general manager, and business license application submissions. 

We included photographs of the build-out and receipts to prove the investment was real and active, showing USCIS that the committed funds were irrevocably tied to the US business.

2. Build a Business Plan Around Non-Marginality

We guided R.M. in developing a comprehensive five-year business plan, including financial projections, a hiring strategy, market analysis, and exit plans to demonstrate the business’s viability and growth potential. The plan emphasized job creation and demonstrated that the business would not be marginal. 

3. Establish Franchise Control

We reviewed the franchise agreement, confirming R.M. retained full managerial and financial control. We explicitly distinguished this from an employment relationship in our legal brief, highlighting R.M. as the key decision-maker responsible for day-to-day operations and strategic growth.

Through our preparation, R.M. was able to articulate his role as an executive owner, his US hiring timeline, and his overall business plans at his consular interview, in an immigration friendly manner.

Result

Through our strategy of documenting R.M.'s at-risk investment, building a business plan centered on job creation, and establishing his true managerial control over the franchise, his E-2 visa was approved. 

Prior results do not guarantee a similar outcome in any specific case. Every E-2 record is built around the individual facts, investment structure, and evidence available to that client.

Why This Approach Mattered

For an investor entering a franchise model, the strength of an E-2 case depends on proving both genuine financial commitment and real managerial control. By building R.M.'s case on documented fund flows, a job-focused business plan, and a clear control analysis, we gave him a strong, approved E-2 record.

Considering an E-2 Petition?

If you are exploring a franchise or business investment as a path to the United States, Beyond Border can help you assess your record and identify the evidence needed to support your case. Book a consultation with Beyond Border to discuss your specific circumstances.