The article below from the New Hampshire Union Leader details a difficult but unfortunately, not uncommon visa dilemma for those seeking to purchase an inn in the U.S. as an investment.  We know of two similar situation in Vermont.  If you're in Europe and want to own an inn in the United States, be sure to check carefully before buying. 

Inn owners back in N.H. but in limbo

By NANCY BEAN FOSTER
Union Leader Correspondent

http://www.unionleader.com/article.aspx?headline=Inn+owners+back+in+N.H.+but+in+limbo&articleId=3a8554be-7dde-40d6-b437-769d2ba22cc6

TEMPLE, NH – Birchwood Inn owners Nick Finnis and Andrew Cook are back in the United States after being detained in London over visa issues, but the two have only a few months to settle their affairs before they may be forced to leave the country again.

Finnis and Cook are British nationals who bought the historic Birchwood Inn with their American partner, Trish Bender, five years ago. After submitting paperwork, including a complete business plan, and purchasing the 230-year old inn, Finnis and Cook were granted E-2 visas by the U.S. State Department.

Two years ago, Cook returned to England in order to renew his E-2 visa which allowed him to stay in the US as a business owner. However, during that trip, the State Department denied Cook's application stating that the business did not generate enough revenue, or employ enough people, to support the reissue of the visa.

With Cook in England, Finnis called on local politicians to help navigate the waters of the State Department. Sens. John Sununu and Judd Gregg stepped in, and Cook was able to secure a new visa and returned to the United States to continue running the Birchwood Inn. Shortly thereafter, Finnis returned to England to renew his visa as well, and things went smoothly.

But two weeks ago, Finnis and Cook returned to England specifically to renew their visas and were told once again that their business was neither profitable enough, nor did it employ enough people to warrant the reissue of their visas. The two men were able to return last Monday because their current E-2 visas don't officially expire until August, but what will happen then is anyone's guess.

"The State Department won't tell us what we need to do to prove that we're a viable business," said Cook. "They won't tell us how many employees we need to have or how much money we need to make. All they keep telling us is that our investment isn't substantial enough." Laura Tischler, a spokeswoman with the State Department said that the officers who issue visas to foreign nationals have a certain amount of flexibility in determining who gets a visa and who doesn't.

"There is no set dollar amount," said Tischler. "The issuing officer has to look at the whole case "" the number of employees, the business plan, proof that it's a functional business and other criteria to decide if someone qualifies for an E-2 visa." The E-2 visa, Tischler said, "was designed to generate substantial business investments in the U.S." But what substantial means, according to Finnis and Cook, is uncertain. And until they can figure out how to answer the question correctly, they're facing serious problems in the next few months.

With a slow real estate market, the idea of selling the inn and tavern is daunting at best, impossible at worst, Cook said. Instead, the pair is meeting with attorneys and accountants, calling on politicians and experts figure out what the State Department wants so that the visas can be renewed.

"The State Department either doesn't understand or doesn't care that this business provides job for eight people in a very small, rural town," said Bender. "If we have to close, where are these people going to go?" Though the inn has not been a big moneymaker, and most of the profits have been sunk back into restoring the historic building, Cook said that the business has seen continued growth each year in spite of the recession that's gripping the country.

"We've done everything they asked us to last time around, but still it doesn't seem to be enough," Cook said.

 

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Sandy Soule
BedandBreakfast.com
Sandy@BedandBreakfast.com

More on this ongoing saga from the Rutland Herald
(http://www.rutlandherald.com/article/20090604/NEWS02/906040362/1003/NEWS02)

Article published Jun 4, 2009
Inn's success no relief for owners
By Josh O'Gorman STAFF WRITER
CHESTER — A local bed-and-breakfast inn was named most romantic in Vermont, but immigration issues are still forcing the owners to sell.

Yankee Magazine recently named the Inn Victoria the Best Romantic B&B in Vermont, which for owners Jon and Julie Pierce is validation of the money and sweat equity they've poured into their business for the past four years.

"From the beginning, we wanted to specialize in the romantic and couples market," said Julie Pierce, whose seven-room inn on the Chester green draws nearly 800 guests a year. To make the inn attractive to lovers, the Pierces have redone all of the rooms to make them what she called "fully loaded" with televisions, plush guest robes and quality beds.

"With a bed and breakfast, you only have to get two things right: a good bed and a quality breakfast," she said.

The seven rooms, all named after the children of Queen Victoria, range in price from $115 a night for the Princess Beatrice — which includes a queen-size bed, private bath and air conditioning — to $295 for the Princess Victoria, a 600-square-foot suite with a working gas fireplace and a double-capacity whirlpool spa tub.

The award is the latest in a series of honors for the Inn Victoria — last year it was rated the seventh-best B&B in the United States by the users of the Web site Trip Advisor — but despite the acclaim, the Pierces are looking to sell.

In 2005, the Pierces emigrated from England and purchased the inn for $625,000. Julie said she and Jon used E-2 Treaty Investor Visas, which require the users to make a substantial investment in a business. The Pierces have invested about $20,000 a year since the original purchase, but in 2008 they were told their visas would not be renewed.

"They tell us the business is marginal," Julie Pierce said. "They tell us we only make a nominal living, but it's actually comfortable."

In November, their visas expire, meaning they will not be able to re-enter the country if they leave, and they will have to leave altogether by November 2010.

They have listed the Inn Victoria with the B&B team, a hospitality broker, for $839,000, and Pierce is optimistic the business will sell.

"It's not a great economic time but we have a great product," she said.

For more information about the Inn Victoria, visit www.innvictoria.com.

josh.ogorman@rutlandherald.com

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Sandy Soule
BedandBreakfast.com
Sandy@BedandBreakfast.com

Hello,

I just wanted to make a quick note about the E-2 visa.  Before my husband and I were married we looked into multiple options for getting him a visa in the US (we didn't want to rush into the marriage, and we didn't really want a long distance relationship).  The E2 visa requires that you make a "substantial" investment, and that the investment must have the capacity to generate significantly more income than just to provide a living to you and your family, or it must have a significant economic impact in the U.S.

The vague wording is frustrating, but after more research we learned (though, I recommend researching for yourself) that a substantial investment could range between $500,000 - $1,000,000 and that significant economic impact would be providing 10 or more jobs for people outside your immediate family immigrating under the E2 visa. 
 
I just wanted to provide at least a little more insight on what is required for the visa. 

My darling husband and I decided it was better (and much easier) to go back out to sea and work on a cruise ship (which is where we met in the first place) until we were ready to be married and then get his visa through the I-130 which is for direct relatives of a US citizen.

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Marcus and Nicole van Winden

Thanks for the helpful advice! I think the path you choose was a very smart one, for a number of reasons! I've been posting on this thread to assist married couples that I met at B&B shows in Europe who were thinking of buying a B&B in the U.S.
Thanks, Sandy

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Sandy Soule
BedandBreakfast.com
Sandy@BedandBreakfast.com