E-2 Visa: Matter of Khan, 16 I&N Dec. 138 (BIA 1977)

June 22, 2018

 

 


 

I. SUMMARY

 

The case concerns a Pakistani immigrant appealing to reclassify himself as an investor and a non preference immigrant after he failed to maintain his legal status. The issue comes in proving that the applicant has had the $10,000 invested in a business per the regulations of section 245 of the Immigration and Nationality Act.

 

II. FACTS

 

  • The applicant claims to be exempt from labor certification requirements and claims to be an “investor” and cites that he has intent to further invest funds and that he was "actively in the process of investing".

  • The applicant has an investment that is a sole proprietorship but has not provided sufficient documentation supporting the $10,000 minimum value needed by the Act.

  • There are discrepancies as to the exact value of the applicant’s investment into the business from statements of the applicant’s bank account, including unaccounted for funds.

 

III. LEGAL ANALYSIS

 

1. Standard for Consideration

 

To qualify as an “investor” under section 212(a)(14) of the Immigration and Nationality Act, applicants must establish that he has invested or is actively in the process of investing at least $10,000 into a relevant business.

 

2. Standard for Denial

 

  • The applicant has failed to prove a substantial investment of $10,000 into a business.

  • The applicant’s bank account showed sufficient funds but by the time of the review, the funds were severely depleted and attempts to justify this has not added up to the proper $10,000.

 

IV. CONCLUSION

 

The appeal has been dismissed due to the applicant’s failure to provide adequate proof of an investment totaling at least $10,000 and the multitude of inconsistencies, such as missing funds and repeated expenses submitted. In addition, the applicant’s claims of the intent to invest more funds in the future was found to be insufficient as well as the occasional expenditure for supplies and product did not constitute a legal contract that obligated the applicant to future expenditures and is therefore dismissed.

 

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