Miami Investor Visa Guide for Foreign Founders

Last Updated: May 2026 (Italian Miami case study and sector expansion)
Written by: Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Carey Law School. Ga. Bar License #: 250186, AILA Member, SRA ID: #384468.
Reviewed by: Richard Latta, Esq., Ga. Bar License #: 291546, AILA Member

E-2 Visa Business PlanE2 Visa CostE2 Visa requirementsE-2 Visa LawyerE-2 Visa ProcessE-2 Visa RenewalDS-160 Form GuideE-2 Visa FAQs

Miami Investor Visa Guide for Foreign Founders

Last reviewed and updated: May 2026 (Italian Miami case study and sector expansion; incorporating February 2026 FAM updates)

Guidance for foreign founders launching, acquiring, or expanding a Miami or South Florida business under U.S. investor visa pathways — E-2, L-1A New Office, EB-5, and the Grenada-to-E-2 route — covering business setup, escrow structures, Florida and Miami-Dade incentives, source of funds for Latin American applicants, and consular processing.

Miami: Key Facts for E-2 Investors

State income tax
None — Florida has no individual state income tax. State corporate tax 5.5% with significant small-business exemptions.
Foreign-founder ranking
#1 U.S. metro for foreign-owned small & mid-sized businesses (D&A 2026 city ranking).
Capital efficiency
USD 300,000 of E-2 investment typically goes 3–5× further than in Manhattan or San Francisco.
Trade gateway
Miami International Airport: #1 U.S. airport for international cargo, #2 for international passengers. PortMiami: Florida's #1 container port.
Foreign-Trade Zone
FTZ #281 covers PortMiami, Miami International Airport, and industrial parks across Miami-Dade.
Banking depth
2nd largest concentration of domestic and international banks in the United States.
Typical client base
Heavy concentration from Italy (see our E-2 for Italian nationals page), Argentina, and Brazil, plus Mexico, Colombia, Spain, France, the UK, Canada, and the Caribbean. Brazilian, Colombian and Venezuelan nationals access E-2 via the Grenada CBI route (Grenada is 4–5 hours by air from Miami). See Italian E-2 investors in Miami for industry and consular detail.
Common consular posts
Buenos Aires, São Paulo, Bogotá, Mexico City, Lima, Madrid, Rome, Paris, Frankfurt, London, Caribbean posts.
Top E-2 sectors in Miami
Hospitality, restaurants, marine and yacht services, fashion and design, fintech, import/export and distribution, professional services, franchises, and actively-managed real estate operations.
Local incentive partner
Miami-Dade Beacon Council — free FDI advisory; runs the Targeted Jobs Incentive Fund (up to USD 1,000 per new job).
D&A Miami office
80 S.W. 8th Street, Suite 2000, Miami, FL 33130 — Brickell / Little Havana corridor. +1 305 423 7163.

Davies & Associates' Miami E-2 visa lawyers represent entrepreneurs and investors from around the world seeking to launch, acquire, or expand businesses in South Florida under the E-2 treaty investor visa program. Miami consistently ranks at or near the top of U.S. metros for foreign founders, and our Best U.S. Cities for Foreign Founders ranking places Miami in the #1 position. Our Miami team works closely with clients applying through U.S. consulates globally, including Buenos Aires, São Paulo, Mexico City, Madrid, Bogotá, Lima, London, Rome, Paris, Frankfurt, and other major E-2 processing posts. We also maintain country-specific E-2 resources for Italy (with Italian-language coverage), France, Germany, and our full E-2 treaty countries guide.

Speak with a Miami Investor Visa Lawyer Free initial assessment of your E-2, L-1A, EB-5, or Grenada-to-E-2 case. Office at 80 S.W. 8th Street, Suite 2000, near Brickell and Little Havana.
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This page is a resource hub for foreign founders considering Miami as their U.S. base. It covers the practical realities of setting up or buying a South Florida business, the investor visa pathways most relevant to Miami clients (E-2, L-1A New Office, EB-5, and the Grenada Citizenship-by-Investment route to E-2), Florida and Miami-Dade business incentives, and the operational, corporate, and tax issues that arise when launching a Florida business as a non-U.S. national. For the global E-2 framework, see our comprehensive E-2 visa guide; for the broader U.S. city-selection and visa-pathway analysis, see Best U.S. Cities for Foreign Founders.

What This Miami Investor Visa Guide Covers

Davies & Associates' Miami team assists foreign founders and investors with:

  • E-2 visa petitions for investors and qualifying employees
  • Business acquisition and start-up structuring across Miami-Dade and Broward counties
  • Escrow arrangements for E-2 investment funds, a structure D&A has used extensively for more than a decade
  • E-2 business plans, valuation, and proportionality analysis
  • Consular processing coordination at U.S. embassies and consulates worldwide, especially across Latin America and the Caribbean
  • Florida licensing, lease review, employment agreements, and operational setup
  • Citizenship-by-Investment pathways (Grenada, Turkey) for non-treaty nationals from Brazil, Colombia, Venezuela, and other Latin American countries without an E-2 treaty
  • Tax structuring for foreign-owned U.S. businesses, leveraging Florida's no-state-income-tax advantage
  • Foreign-Trade Zone (FTZ #281) and import/export structuring through PortMiami and Miami International Airport

Typical clients include: Italian entrepreneurs in fashion, food & beverage, hospitality, marine, and design; Latin American founders (especially Argentine and Brazilian) opening a Florida business; European businesses expanding into the U.S. market through Miami; E-2 investors purchasing existing South Florida businesses; hospitality / restaurant / marine / fashion / fintech / import-export / real-estate-operations / franchise entrepreneurs; family offices and high-net-worth investors; and non-treaty nationals using Citizenship-by-Investment + E-2 strategies.

Miami office: 80 S.W. 8th Street, Suite 2000, Miami, FL 33130, near Brickell and the historic Little Havana neighborhood, a short walk from PortMiami and the Miami River.

Table of Contents

⚖️ Expert Tip: For comprehensive advice on selecting the right legal partner for your E-2 application, consult our specialist resource:

Guide to Choosing the Best E-2 Visa Lawyer in 2026

Why Miami for an E-2 Business

Miami consistently outperforms larger U.S. metros on the factors that matter most for foreign-owned small and mid-sized businesses: entry cost, labor cost, taxation, market access, and operational ease. Our internal Best U.S. Cities for Foreign Founders ranking places Miami at the top.

Why Miami Ranks #1 for Foreign Founders

  • No Florida state income tax on individuals (a major operating advantage versus New York or California)
  • Gateway to the Americas: Miami International Airport is the #1 U.S. airport for international cargo and #2 for international passengers
  • PortMiami: Florida's #1 container port and the leading gateway for U.S. trade with Latin America and the Caribbean
  • Banking depth: Greater Miami has the second-largest concentration of domestic and international banks in the United States
  • Multilingual workforce: Spanish, Portuguese, Haitian Creole, and English are all routinely available, ideal for businesses serving Latin America and the Caribbean
  • Capital efficiency: $300,000 of E-2 investment goes 3 to 5 times further in Miami than in Manhattan or San Francisco
  • Active state and county FDI courtship: SelectFlorida and the Miami-Dade Beacon Council both run dedicated foreign-investor programs
  • Lifestyle: climate, schools, healthcare, and cultural fit, particularly for families relocating from Latin America, Spain, Italy, and other warmer-climate countries

For Latin American entrepreneurs in particular, Miami is often the natural first U.S. destination for reasons that go beyond visa eligibility — Spanish-language business culture, established trade lanes, banking and legal services accustomed to cross-border deals, and large established communities from Argentina, Colombia, Venezuela, Brazil, Mexico, Cuba, Peru, and the Dominican Republic.

E-2 vs L-1A vs EB-5 in Miami

Three visa categories dominate foreign-investor entry into Miami. They are commonly mistaken for substitutes; in practice each fits a different profile. The right choice depends on your nationality, your existing business, your investment scale, and whether you need a green card. The table below summarises the practical differences for Miami-bound founders. Detailed treatments of each are linked in the "Learn more" cells.

Factor E-2 Treaty Investor L-1A Intracompany Transferee EB-5 Immigrant Investor
Nationality requirement Must hold citizenship of an E-2 treaty country. Brazilians, Indians, Chinese, Vietnamese, Russians, and South Africans are not directly eligible — but can access E-2 via Grenada CBI No nationality restriction No nationality restriction (but per-country green-card backlogs apply for India and China)
Investment range No statutory minimum. State Department guidance is around USD 100,000+, with most Miami cases USD 150,000–500,000. Capital must be at-risk and proportional to the business cost No investment minimum — instead, requires an existing qualifying foreign business with a U.S. branch, subsidiary, or affiliate USD 800,000 (rural / Targeted Employment Area / infrastructure project) or USD 1,050,000 (other locations)
Job creation requirement Must show non-marginality — the business must generate more than enough to support the investor and family, or create U.S. jobs. No fixed number No specific job-creation number. The U.S. entity must be doing real business after one year 10 full-time U.S. jobs per investor, created or preserved within roughly two years (direct or, for Regional Center investments, indirect/induced)
Path to a green card Non-immigrant. No direct path. Indefinite renewal as long as business operates. Many E-2 holders later transition via EB-1C, EB-2 NIW, or EB-5 Strong path. After one year, the U.S. executive can typically file an EB-1C green card petition without a labor certification Direct. EB-5 is itself the immigrant visa — conditional green card on entry, full green card after the conditions are removed
Visa duration Up to 5 years per visa stamp (varies by reciprocity), unlimited renewals, 2-year admission per entry Initial up to 3 years, extensions to a maximum of 7 years total Conditional permanent residence, then full green card; eventual U.S. citizenship
Spouse work authorisation Yes, work-authorised incident to E-2S status Yes, on L-2 status with EAD Yes, full work authorisation as green-card holder
Best fit for … A treaty-country founder personally moving to Miami to run an active business. Fastest route. Lowest capital threshold An executive of an existing foreign business (anywhere in the world) opening or expanding a U.S. branch in Miami. Best when the foreign parent is real, established, and continuing to operate An investor whose primary objective is U.S. permanent residence rather than active business management. Or a non-treaty national wanting a direct green card without the CBI step
Learn more Comprehensive E-2 guide L-1 visa guide EB-5 visa guide

The remainder of this guide focuses on E-2 strategy in Miami, since E-2 is by far the most common foreign-investor visa filed for Miami businesses and has the most Miami-specific structuring considerations (real estate, FTZ #281 access, Florida licensing, Latin American consular processing, and Italian/European founder logistics). For L-1A or EB-5 cases targeting Miami, contact us directly — we handle both routinely and can advise on which framework fits your situation best.

Why Davies & Associates for Miami E-2 Cases

A successful E-2 visa case in Miami is more than an immigration application. It is a combination of business strategy, corporate structuring, tax planning, and consular coordination. Because an E-2 visa can generally be extended for as long as the underlying business is operational, your immigration status is tied to operational success. That requires a legal team built around exactly this kind of work.

What Sets the Davies & Associates Miami E-2 Practice Apart

  • Dedicated Miami E-2 visa lawyers — not generalists who file occasional E-2 cases
  • Latin America and Caribbean expertise — deep experience with consular processing in Buenos Aires, São Paulo, Bogotá, Mexico City, Lima, and Caribbean posts
  • Integrated corporate and tax support — Florida entity formation, lease review, employment agreements, U.S. and international tax structuring
  • Global consular coordination — offices and consular relationships across Europe, the Americas, Asia, and the Middle East
  • Extensive E-2 business-plan experience — thousands of E-2 business plans across industries
  • Escrow and investment structuring guidance — D&A has used escrow arrangements in E-2 cases extensively for more than a decade
  • Citizenship-by-Investment integration — the only U.S. law firm formally licensed by the Government of Grenada as a Marketing Agent for the Grenada CBI Program (verifiable on the official Grenada IMA authorised-agents register) (a key route for Brazilian, Colombian, Venezuelan, and other non-treaty Latin American investors who want E-2 access)

Davies & Associates advises entrepreneurs around the world on structuring qualifying investments, preparing E-2 visa petitions, and handling both consular filings and change of status applications. Our Miami team has supported clients in growing E-2 businesses across South Florida, working closely with our business and tax lawyers to position those enterprises for long-term success.

Click Here to Read E-2 Visa Case Studies and Client Comments on our Service

Obtaining E-2 Status in Miami versus E-2 Visa Consular Processing Abroad

There are two ways to be in Miami in E-2 status:

(1) To apply to "change status" in the U.S.; or
(2) To obtain an E-2 visa in a U.S. consulate abroad and use it to enter the United States.

1. Change of Status from within the US

Clients looking for a business in Miami often want to see the business and the city before they commit. It is possible to travel to the United States on a B1 business visa for this purpose.

Clients present in the US on a B1 business or other non-immigrant visa may then later decide to remain in the U.S. and may be able to “change status” to E2 status from within the US. For a step-by-step walkthrough of both routes, see our E-2 visa process guide.

As it is not possible to obtain any visa from within the United States, persons who changed status to E2 status from another visa and subsequently depart the United States will have to obtain an E2 visa from a US consulate abroad in order to return to the United States.

2. Obtaining an E2 Visa outside the US

Those looking to operate a business in Miami can obtain an E2 visa by filing an E2 application at the consulate in their home country. D&A’s international E-2 team coordinates with our Miami lawyers and local advisors where appropriate to assist you with this process. Latin American applicants in particular benefit from our familiarity with the procedures and idiosyncrasies of consulates in Buenos Aires, São Paulo, Bogotá, Mexico City, Lima, and Caracas.

Why Local Counsel Matters in Miami

Davies & Associates is a full-service global law firm focused on immigration and corporate law. Contact Davies & Associates to schedule a consultation with an immigration attorney.

  • Florida Licenses: USCIS or the applicable U.S. consulate will expect you to have a properly formed and licensed business in Florida. Florida's entity formation rules (LLC vs. C-Corp vs. S-Corp), Sunbiz registration, and county-level business tax receipts are all matters of local Florida and Miami-Dade law.
  • Miami-Dade Business Tax Receipts: A separate local business tax receipt is required for businesses operating in Miami-Dade County, in addition to any city-level requirement (City of Miami, Miami Beach, Coral Gables, etc., each have their own).
  • Local Contracts and Employment Agreements. As part of your E-2 case, you will want to submit proof that you are either in business or ready to immediately start operating. To do this, you need to have customers and suppliers with properly drafted agreements. Florida's contract and at-will employment law differs in material ways from New York or California.
  • Employment Agreements. Employment agreements are critical for three reasons:
    (1) They document that you have employees for your E-2 visa application;
    (2) Employment Agreements protect the business from costly litigation and can prevent employees from leaving with your customer lists and business "secrets"; and
    (3) They make it clear that employment is “at will” (Florida's default) and can be terminated subject to reasonable notice.
  • Connecting to Local Resources. A firm with a Miami presence can connect you to the Miami-Dade Beacon Council, SelectFlorida, the Miami DDA, your municipal economic development office, and the local CDFI lenders that support new businesses.

For some things a firm with a presence in Miami is less essential:

  • Registering Trademarks and Patents. Many foreign clients forget that in the U.S. it is necessary to re-register their trademarks. Doing this prevents another party from "hi-jacking" your brand or using your logos in a way that is inconsistent with your brand. Trademarks are registered Federally so local presence is not relevant.
  • National Contracts. Many clients have contracts they use across the United States. The choice of law for those contracts can be complex and may or may not involve Florida considerations.
  • Holding Companies and Structures in Other States. Some clients register a business in another state, such as Delaware, and then register their non-Florida business to do business in Florida. You might not need a Miami-based lawyer to structure a business involving multiple states.

Miami Investor Visa Lawyers with Business and Corporate Support

Davies & Associates has a specialist E-2 visa team based at 80 S.W. 8th Street in Miami's historic Little Havana / Brickell-adjacent corridor, focused on meeting the E-2 visa needs of our business clients. Unlike most immigration firms, our Miami E-2 practice is built into a full-service legal platform that pairs immigration counsel with corporate, tax, and business-plan support — all under one roof.

Every E-2 case is prepared for filing in Miami by experienced E-2 visa lawyers. For extra client care, every case is then reviewed and audited by our Complex E-2 Visa Case team, based in Canary Wharf, London.

Our Miami E-2 visa team has corporate lawyers who can assist you to ensure that your business is properly formed and licensed in Florida and across the United States. Our corporate lawyers will work seamlessly with our E2 immigration lawyers to ensure that the applicable documentation is presented to the US immigration authorities.

Led by Gary Kaufman, our tax lawyers are highly experienced at addressing tax matters in Florida and across the United States. We commonly work with foreign counsel on structuring for complex international taxation issues, including coordination with Latin American tax regimes (Argentina's wealth tax, Brazil's controlled foreign corporation rules, Mexican fiscal residency).

Our Miami E-2 visa team supports lawyers across our international platform to assist clients to set up or acquire an E-2 qualifying business in South Florida. If you are looking for an E-2 business in Miami, Coral Gables, Doral, Aventura, Miami Beach, Brickell, Wynwood, or Fort Lauderdale, our Miami E-2 team can assist you.

When needed our Miami E-2 visa team can call on our international colleagues for the latest advice on local consular procedures and other issues.

Buying a Business in Miami with an E-2 Visa

A significant share of Miami E-2 visa cases involve the acquisition of an existing business rather than a start-up. Miami's active small-business market — restaurants, hospitality businesses, marine and yacht services, professional services, import/distribution operations, and franchises — means that established businesses come to market regularly. Buying an established business can shorten the path to E-2 approval because the enterprise is already operating, has documented revenue, and has employees in place — helping satisfy the “real and operating” and non-marginality requirements under 8 CFR § 214.2(e). However, business acquisitions also introduce a distinct set of legal and operational considerations that the E-2 investor must address before closing.

Asset Purchase vs. Stock Purchase

The structure of the acquisition matters for E-2 visa purposes as well as for liability and tax. In an asset purchase, the buyer acquires specific assets (equipment, inventory, customer lists, lease, intellectual property) and typically does not assume undisclosed liabilities. In a stock purchase, the buyer acquires the entity itself — including all known and unknown liabilities. Most E-2 buyers prefer asset purchase structures, but stock purchases can be appropriate when key contracts, licenses, or permits are not assignable. Our Miami corporate lawyers structure the acquisition to support both the immigration case and the underlying business.

Due Diligence for E-2 Acquisitions

Due diligence in an E-2 acquisition serves a dual purpose: confirming the business is what the seller represents, and gathering the documentation USCIS or the consulate will expect. Key items include:

  • Three years of tax returns, profit and loss statements, and bank records
  • Existing customer contracts and supplier agreements
  • Employee records, payroll history, and existing employment agreements (E-Verify status if applicable)
  • Any required Florida or local licenses (Florida DBPR for hospitality and certain professions; Florida Department of Agriculture for restaurants; municipal certificates of use)
  • Lease for the business premises and the landlord's position on assignment
  • Litigation history and any pending claims
  • Inventory valuation and condition reports

Lease Assignment

Most Miami commercial leases — whether in Brickell, Wynwood, Coral Gables, Doral, or the Design District — require landlord consent for assignment. Miami landlords sometimes use the assignment request to renegotiate terms, particularly in hot submarkets. For E-2 buyers, securing a clean lease assignment (or a fresh lease in the new entity's name) is often a precondition to closing — the consulate will expect to see a binding right to operate from the premises.

Employee Retention

An E-2 acquisition typically involves keeping the existing workforce. New employment agreements will usually need to be issued by the buyer entity, and the buyer should confirm:

  • Which employees are critical to continuity (and whether non-compete or non-solicit terms apply — Florida enforces reasonable restrictive covenants under Fla. Stat. § 542.335)
  • Whether any employees are on visas tied to the seller (which generally do not transfer)
  • Any accrued benefits or PTO that will carry across
  • The federal and Florida requirements for new-hire onboarding (I-9, E-Verify where applicable, payroll registration, workers' compensation, Florida new-hire reporting)

License Transfer

Many regulated Florida businesses (food and beverage, alcohol/liquor under Florida ABT, real estate brokerage, child care, transportation, marine charter under USCG, professional services) require licenses that do not automatically transfer with a sale. Some require a fresh application in the buyer's name; others permit assignment subject to regulator approval. In Miami specifically, the Florida Department of Business and Professional Regulation (DBPR), the Division of Alcoholic Beverages and Tobacco (ABT), and county-level regulators all need to be considered separately.

Escrow at Closing

For Miami E-2 buyers, escrow plays two roles. First, the qualifying investment funds are typically held in escrow pending visa approval (so funds are “irrevocably committed” under 8 CFR § 214.2(e)(12) but recoverable if the visa is denied). Second, a portion of the purchase price is often held in escrow at closing to cover seller representations and warranties, undisclosed liabilities, or transition contingencies. Coordinating both escrows requires careful drafting.

E-2 Visa Lawyer vs. Business Broker: What's the Difference?

Foreign investors looking to buy a Miami business often start with a business broker. Brokers can be helpful for sourcing opportunities and understanding South Florida market pricing, but their role is fundamentally different from that of an E-2 visa lawyer — and the two are not interchangeable. Mistaking one for the other is a common and expensive error.

Function Business Broker E-2 Visa Lawyer
Sourcing businesses for sale Yes — primary role No
Assessing E-2 visa suitability of a business No (and brokers typically have no E-2 expertise) Yes — against statutory and regulatory criteria
Structuring the qualifying investment No Yes — including escrow, asset valuation, proportionality
Drafting the purchase agreement Sometimes provides templates; not legal counsel Yes — with corporate/tax counsel
Source-of-funds documentation for E-2 No Yes — one of the most common refusal grounds, especially for Latin American applicants
Filing the E-2 visa petition or consular application No Yes
Compensation Commission paid by seller (typically 8–15% of sale price) Legal fees paid by buyer/investor
Whose interests are represented Usually the seller's (broker's commission depends on closing) The investor's (subject to professional conduct rules)

Not Every Miami Business Is E-2 Suitable

This is the single most important point investors miss. A business may be profitable, well-priced, and well-located in Brickell or Coral Gables, but still not qualify as an E-2 investment. Common deal-breakers include:

  • Marginal income — the business generates only enough to cover the investor's living expenses (failing the non-marginality test under 8 CFR § 214.2(e)(15))
  • Passive income — the business is structured for absentee ownership rather than active direction and development. This is particularly common with Miami residential rental portfolios — see the Miami real estate section below.
  • Insufficient employment — the business has no plan for U.S. employment growth
  • Source-of-funds problems — the seller wants a quick close, but the buyer's funds (especially funds traced through Latin American jurisdictions with currency or capital controls) cannot be lawfully traced in time
  • Regulatory issues — federally illegal industries (such as cannabis, even where Florida medical cannabis is legal) carry severe non-immigrant visa risks

Engaging an E-2 visa lawyer before signing a Letter of Intent or making a deposit allows the investor to assess E-2 suitability before financial commitments harden. A common mistake is hiring the lawyer only after the broker has lined up a deal that turns out not to qualify.

Considering buying a Miami business on an E-2 visa? Have us assess the business for E-2 suitability before you sign anything.

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How Much Investment Is Required for an E-2 Visa in Miami?

There is no fixed minimum E-2 investment under U.S. law. The legal test is proportionality: the capital must be substantial in relation to the total cost of the business, sufficient to ensure the investor’s commitment, and of a magnitude that supports the likelihood of successful operation (8 CFR § 214.2(e)(14)).

For Miami businesses, most successful E-2 cases involve total qualifying investment of around USD 100,000 or more, although the exact figure depends heavily on the type and scale of business. Miami's lower entry costs relative to NYC or San Francisco mean that the same dollar of investment typically goes further — a small consulting practice in Coral Gables, a boutique import operation in Doral, or a design studio in Wynwood can often be launched for less than the same business would cost in Manhattan.

Importantly, the qualifying investment does not have to be cash. Under 8 CFR § 214.2(e)(12), capital may include inventory, equipment, leasehold improvements, intellectual property, brand value, and similar non-cash assets, provided each is properly valued and irrevocably committed to the U.S. business. For a detailed cost breakdown, see our E-2 visa costs guide.

Davies & Associates has secured E-2 approvals where the cash component of the investment was as low as USD 30,000, supported by additional non-cash assets (such as inventory and brand value) that brought the total qualifying investment to a substantial figure under the proportionality test.

Form DS-160 and DS-156E for E-2 Applicants

E-2 visa applicants applying at a U.S. consulate file Form DS-160 (Online Nonimmigrant Visa Application) with the U.S. Department of State. Following the State Department’s 2024 update, DS-156E content for principal investors is folded into the DS-160; DS-156E remains required for E-2 employees (managers, executives, essential workers) and may still be requested by some posts as a supplementary form. For a step-by-step walkthrough of the DS-160, including common errors that delay E-2 cases, see our DS-160 form guide.

Case Study:
Growing a Latin American Brand in Miami on an E-2 Visa

Our Client's Background and Challenge

Background:

Our client was an Argentine-born designer who had built a successful leather-goods and fashion brand in Buenos Aires, with a small but growing customer base in Miami and São Paulo. The client wanted to relocate to Miami and process the E-2 case at the U.S. consulate in Buenos Aires.

The Challenge:

The client had invested heavily in developing a recognised brand but, like many Argentine entrepreneurs, faced difficulties moving substantial cash out of Argentina under that country's historic currency controls. Demand for the brand in the South Florida market was strong — particularly among the established Argentine and Brazilian communities in Miami — but the client did not have a large dollar cash reserve readily available outside Argentina.

The E-2 Value of a Brand: Minimal Cash Investment

Our lawyers have assisted a number of E-2 clients where the value of their brand has been a critical component of the E-2 qualifying investment. The structure typically involves a license or franchise agreement between the foreign business and the new U.S. entity, with a properly valued license fee paid by the U.S. business to the foreign firm. A proper and fair valuation of the brand is essential, supported by an independent expert.

By licensing the established Argentine brand to the new Miami entity and contributing inventory in addition to cash, the client was able to establish a substantial qualifying investment under the proportionality test without needing to extract a large cash sum from Argentina.

Cash Irrevocably Committed but Returnable if the E-2 Failed

The cash that was invested was placed in escrow with a Florida-licensed attorney pending E-2 visa approval to be used to fund the operating needs of the business. Had the visa been refused, the escrow account could have been closed and the funds returned to the investor.

Source of Funds: A Latin American Specialty

Source-of-funds documentation is one of the most common refusal grounds for Latin American E-2 applicants. Argentine, Venezuelan, Brazilian, Mexican, and Colombian applicants frequently face questions about historical currency controls, parallel-market exchange operations, family transfers, and tax compliance. Our Miami team works closely with foreign counsel in the applicant's home country to compile a complete, well-documented source-of-funds chain that meets U.S. consular standards. This is one of the most labor-intensive parts of a Latin American E-2 case and is also one of the most decisive.

Business Plan Critical

As with any E-2 visa the business plan was critical. Our business plan team coordinated with the client, our Miami corporate lawyers, and our consular liaison.

Our Miami Lawyers Built a Real Miami Business Model

A successful Miami E-2 visa case requires more than available funds. The investor must show that they will direct and develop an active commercial enterprise in the United States.

Our Miami team helped create a business model that was realistic, scalable, and compliant with E-2 visa requirements.

A Smaller Miami Launch Made the Case More Credible

Rather than proposing a large retail operation from the outset, our lawyers advised the client to launch a boutique studio plus pop-up showroom model in the Wynwood / Design District corridor — a strategy that matched the actual stage of the business and the buying patterns of the target Miami customer base.

The Miami Business Had a Clear Commercial Purpose

The Miami operation was designed to support core business activities in the U.S. market: design and product development tailored to South Florida tastes; brand development through Miami's Latin American media ecosystem; and U.S. and Caribbean distribution.

Our Miami Lawyers Helped Establish the Business Operationally

Our Miami E-2 visa attorneys did not stop at the immigration filing. We also helped the client take practical steps to establish the business in Miami.

Florida Business Setup

We helped the client form a Florida LLC, register with Sunbiz, obtain an EIN, register for Florida sales tax, and obtain a Miami-Dade County business tax receipt and a City of Miami certificate of use.

Local Licensing Support

Our team also assisted with the City of Miami and Miami-Dade County licensing issues connected with launching the business. For international founders, immigration and local setup often need to move together.

Result: E-2 Visa Approved and Miami Business Launched

The E-2 visa was approved at the U.S. embassy in Buenos Aires, allowing the client to relocate to Miami and oversee the Florida expansion personally. After approval, the client completed the relevant Florida and City of Miami licensing steps, opened the boutique studio, and began operating with the support of two employees.

Have a similar cross-border E-2 case? Our Miami team coordinates with our offices and local advisors across Latin America, Europe, and the Caribbean.

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Case Study:
Italian Fashion Designer Opens Wynwood Studio on an E-2 Visa

Our Client's Background and Challenge

Background

Our client was an Italian-born designer relocating from Milan with an established leather-goods and accessories brand. The Italian business had a loyal European customer base and a growing U.S. following concentrated in South Florida. The client wanted to open a studio and small showroom in Miami's Wynwood / Design District corridor and process the E-2 case at the U.S. Embassy in Rome — the only consular post in Italy that adjudicates E-class visas.

The Challenge

The client had spent more than a decade building a recognised brand in Milan but did not have a large dollar cash reserve readily available to transfer to the United States. Most of the value of the Italian business was tied up in the brand itself, in stock, and in supplier relationships rather than in liquid cash. This is a common pattern for Italian E-2 cases in the fashion, food, and design sectors.

The E-2 Value of an Italian Brand: Minimal Cash Investment

Our lawyers have assisted a number of Italian E-2 clients where the value of their brand has been a critical component of the qualifying investment. The structure typically involves a properly drafted license agreement between the Italian parent company and the new U.S. entity, with a fair license fee paid by the U.S. business to the Italian firm. The brand is independently valued by an expert valuer instructed for the purpose.

By licensing the established Italian brand to the new Miami LLC and contributing inventory and showroom fit-out in addition to a modest cash component, the client was able to establish a substantial qualifying investment under the proportionality test without needing to transfer a large cash sum from Italy. The Calabria cheese case study on our E-2 for Italian Nationals page documents the same structural approach.

Cash Irrevocably Committed but Returnable if the E-2 Failed

The cash component was placed in escrow with a Florida-licensed attorney pending E-2 visa approval, with the funds released after approval to cover the first twelve months of Wynwood lease, payroll, and operating costs. Had the visa been refused, the escrow account could have been closed and the funds returned to the investor. This escrow structure is permissible under 8 CFR §214.2(e)(12), 22 CFR §41.51(b)(7), and 9 FAM 402.9-6(B)(d).

Source of Funds: Italian-Specific Documentation

Italian source-of-funds documentation involves its own conventions. Our Florence office worked with the client's Italian commercialista to produce a complete documentary chain — Italian tax returns (Modello Unico), bilanci of the Milan parent company, evidence of brand revenues in Italy, and properly translated bank records covering the period of capital accumulation. The U.S. Embassy in Rome scrutinises source of funds carefully, and a clean Italian-side audit trail materially reduces the risk of administrative processing.

Business Plan and Wynwood Business Model

As with any E-2 case the business plan was critical. Our business plan team coordinated with the client, our Miami corporate lawyers, and our Italian-side advisors to produce a five-year projection sized appropriately for a boutique fashion business in Wynwood.

A Smaller Miami Launch Made the Case More Credible

Rather than proposing a full retail flagship from day one, our lawyers advised the client to launch with a studio plus appointment-only showroom model in Wynwood, with a planned pop-up presence in the Design District. This matched the actual stage of the brand and the buying patterns of the target South Florida customer base — private clients, interior designers sourcing for high-end residential projects, and selected wholesale accounts. A right-sized launch is consistently easier to defend at the Rome consulate than an over-scaled plan that depends on optimistic assumptions.

Clear Commercial Purpose for the Miami Operation

The Miami operation was designed to support core business activities in the U.S. market: U.S. distribution of the Italian-made products, brand development through Miami's Italian, Latin American, and European media ecosystems, and design adaptation for the South Florida climate and customer preferences. The Italian parent retained manufacturing and core design, with the Miami entity acting as the U.S. commercial and creative hub.

Outcome

The E-2 application was filed with the U.S. Embassy in Rome and approved on first submission. The client received a five-year multiple-entry E-2 visa per the U.S.–Italy reciprocity schedule. The Wynwood studio was operational within six weeks of the client's arrival in Miami, with two U.S. employees hired in the first quarter and a third within twelve months. The Miami entity has since become a meaningful contributor to the Italian parent's consolidated revenue.

Sei un imprenditore italiano interessato al mercato di Miami? Il nostro team italiano-americano coordina la pratica E-2 dall'Italia agli Stati Uniti, dalla nostra sede di Firenze al consolato statunitense competente a Roma. See also our E-2 for Italian Nationals guide.

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Names and identifying details have been changed for client confidentiality; the legal and structural details are accurate. Past results do not guarantee future outcomes. Each case is evaluated on its individual merits.

Florida and Miami-Dade Business Incentives for E-2 Investors

Florida and Miami-Dade County offer a range of business incentives covering tax credits, grants, workforce training, free advisory services, and site-selection support. While government grants and tax credits do not count as the investor’s own “investment” for E-2 visa purposes (8 CFR § 214.2(e)(12)), participation in recognised state and county programs is excellent evidence that an enterprise is real, operating, and positioned for growth — key elements of E-2 visa adjudication and renewal under 8 CFR § 214.2(e)(15).

Foreign-owned businesses establishing in Miami can typically access the same programs as domestic businesses, subject to each program’s eligibility criteria. There is generally no citizenship requirement for the entity itself — the business must be properly formed and registered to do business in Florida, and it must satisfy the program-specific criteria around industry, size, location, jobs, or investment thresholds.

Tier 1 — Most Useful for Foreign Investors Tier 1

These programs apply to the broadest range of foreign-owned businesses operating in Miami and offer the most immediate practical value to most E-2 visa investors.

Miami-Dade Beacon Council

Type: Free FDI advisory and concierge services · Run by: Miami-Dade County's official public-private economic development partnership

The Beacon Council is the single best starting point for foreign-owned businesses entering Miami-Dade. It provides site selection assistance, project management, workforce development support, and direct navigation of local, state, and federal incentives. It also runs the Invest in Miami-Dade SelectUSA Spinoff event for international investors. Available at no cost. Visit beaconcouncil.com.

Florida's No-State-Income-Tax Advantage

Type: Structural tax advantage · Applies to: All Florida residents and Florida-source business owners

Florida has no state-level individual income tax, no state-level capital gains tax, and a competitive 5.5% state corporate income tax (with significant exemptions for small businesses). For an E-2 investor relocating from California (top combined rate over 14%), New York City (top combined rate over 14.7%), or many European jurisdictions, this is often the largest single financial advantage of operating in Miami over other major U.S. metros.

SelectFlorida (formerly Enterprise Florida)

Type: State FDI promotion and trade grants · Run by: FloridaCommerce

SelectFlorida is the state's lead foreign-direct-investment and export-promotion organisation. It operates trade grants for Florida businesses entering international markets and works with foreign investors entering Florida. SelectFlorida partners directly with SelectUSA at the federal level and with the Beacon Council at the county level.

Miami-Dade Targeted Jobs Incentive Fund (TJIF)

Type: Tax credits · Eligibility: Min. 20 new full-time jobs (new businesses) or 10 new full-time jobs (existing businesses)

Up to USD 1,000 tax credit per qualifying new full-time job, with potential top-ups of USD 125 per new hire who graduated from a Miami-Dade public/private/technical school in the prior three years, and an additional USD 125 for each new hire who was previously unemployed, a returning citizen, or employed below the living-wage rate. Additional incentives apply for jobs created in Enterprise Zones, Targeted Urban Areas, Brownfield areas, and CDBG-eligible areas.

Miami-Dade Relocation and Expansion Incentive Program (REIP)

Type: Tax credits · Eligibility: Min. 50 new jobs in 5 years; min. wage 150% of Miami-Dade or Florida average

For larger E-2 expansions, REIP provides USD 1,000 per new job for businesses creating 50 or more new positions in Miami-Dade County over a five-year period, with average wages at least 150% of the local or state average. Particularly relevant for foreign businesses establishing regional Latin American headquarters in Miami.

Florida Job Growth Grant Fund

Type: State-administered grants · Run by: FloridaCommerce

State grant fund supporting workforce training programs and public infrastructure projects in targeted industries. Although primarily administered through state and local entities (not paid directly to private businesses), foreign-owned businesses can benefit from the workforce training infrastructure it funds, especially through CareerSource South Florida.

Tier 2 — Industry-Specific Programs Tier 2

These programs are valuable but apply only to specific industries, business sizes, or locations. Confirm eligibility before relying on any of them in business-plan projections.

Foreign-Trade Zone (FTZ) #281

Type: Federal customs duty deferral / reduction / elimination · Run by: Miami-Dade Aviation Department under U.S. Foreign-Trade Zones Board

FTZ #281 covers PortMiami, Miami International Airport, and various industrial parks across Miami-Dade. For E-2 import / distribution / re-export businesses leveraging Miami's position as the gateway to Latin America and the Caribbean, the FTZ can defer or eliminate U.S. customs duties on imported goods, with significant working-capital and margin advantages.

Miami DDA Business Grants

Type: Targeted business grants · Run by: Miami Downtown Development Authority · Geography: City of Miami urban core

The Miami DDA periodically operates grant programs for businesses in downtown Miami's urban core, including the Brickell, CBD, and Arts & Entertainment districts. Programs change periodically; check miamidda.com for current offerings.

CareerSource South Florida Training Grants

Type: Workforce training subsidies and on-the-job training reimbursement

CareerSource South Florida (the regional workforce board for Miami-Dade and Monroe counties) offers training grants and incentive programs that can subsidise on-the-job training for new hires. Useful for E-2 businesses that need to train newly hired Florida staff.

Florida Capital Investment Tax Credit (CITC)

Type: State corporate income tax credit · Eligibility: Designated industries with significant capital investment and job creation

Targeted at clean energy, life sciences, financial services, information technology, and similar high-impact industries. Larger-scale E-2 investments may qualify; smaller E-2 cases typically do not.

Federal Work Opportunity Tax Credit (WOTC)

Type: Federal tax credit · Eligibility: Hiring from targeted groups

Federal credit (administered through the Florida Department of Commerce) for hiring veterans, long-term unemployed individuals, and other targeted groups. Available to any Florida employer including foreign-owned businesses.

Tier 3 — Specialised Situations Tier 3

These programs apply to specific situations and are listed for completeness.

Empowerment Zones / Opportunity Zones

Type: Federal tax incentives for designated economically distressed areas

Parts of Miami-Dade are designated Federal Opportunity Zones, offering capital-gains deferral and other federal tax benefits for qualifying investments. Of more relevance to high-net-worth investors structuring large transactions than to typical E-2 cases.

Brownfield Redevelopment Bonus Refund

Type: State tax refund · Eligibility: Businesses redeveloping designated Brownfield sites

For E-2 investors acquiring and redeveloping environmentally impacted property in designated Florida Brownfield areas.

Miami-Dade Economic Development Fund (BBC GOB)

Type: Public infrastructure reimbursement up to USD 15M per project

Funded from the voter-approved Building Better Communities General Obligation Bond, the EDF reimburses public infrastructure improvements (roads, water, sewer) for major business expansions in five strategic areas plus targeted urban areas. Aimed at large “game-changing” projects rather than typical E-2 cases.

Minority/Women Business Enterprise (M/WBE) Programs

Type: Certification, contract set-asides, technical assistance

Miami-Dade County and the City of Miami operate M/WBE certification programs that open access to public contracts and additional support. Available where the foreign-owned business meets ownership and residency criteria.

How to Apply

The simplest starting points are:

  • Miami-Dade Beacon Council (beaconcouncil.com) — for any foreign business considering Miami-Dade
  • SelectFlorida / FloridaCommerce — for state-level incentives and trade programs
  • SelectUSA (trade.gov/selectusa) — for federal-level FDI navigation
  • Miami-Dade County Department of Regulatory and Economic Resources — for county-level business incentives, the TJIF, and REIP
  • City-level offices — the City of Miami, City of Miami Beach, City of Coral Gables, City of Doral, and others all have their own economic development offices for municipality-specific incentives

Disclaimer on Government Programs

Government program details, eligibility criteria, funding amounts, and application windows change regularly. The information above is provided as a general overview as of March 2026 and is not legal, tax, or financial advice. Confirm program details directly with the Miami-Dade Beacon Council, FloridaCommerce, or the relevant administering agency before relying on any program. Davies & Associates LLC is a U.S. immigration law firm and does not administer any of the programs listed.

Want to see which Florida and Miami-Dade incentives apply to your business? Our corporate and tax lawyers can map applicable programs to your E-2 case strategy.

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E-2 Visa Real Estate Businesses in Miami

Real estate is one of the most common areas of confusion for foreign investors looking at Miami. South Florida's real estate market is famously active among Latin American, European, and Canadian investors — but most real estate investments do not qualify for an E-2 visa. Whether or not an investment in a Miami-area property business qualifies for an E-2 visa depends on the structure of the business, not on the dollar amount invested.

  1. Purely passive investments do NOT qualify.

    Buying a Brickell condo, a beachfront apartment, or a single rental property does not qualify for an E-2 visa — even if the price is well above typical E-2 investment levels. The E-2 visa requires an active commercial enterprise that the investor will direct and develop, not a passive real estate position.

  2. Operating businesses MAY qualify.

    Real-estate-related businesses that sustain employment and active management are likely to qualify for an E-2 visa. Examples may include:

    - A property management business that directs and controls multiple Miami-Dade properties with multiple full-time employees (leasing staff, maintenance, accounting).

    - A property renovation and resale business with full-time employees performing renovation work, listing, and sales.

    - A vacation rental management business operating multiple licensed short-term rental units, subject to City of Miami Beach, City of Miami, and Miami-Dade short-term rental rules (which are strict and vary by neighborhood).

    - A real estate brokerage with licensed staff and active commercial operations.

    The more employees such businesses have and the more documented the active management, the stronger the E-2 case.

⚠️ Miami Short-Term Rental Warning

Miami Beach and many parts of unincorporated Miami-Dade County have strict and actively enforced short-term rental restrictions. Operating a vacation rental business outside the rules can result in substantial fines and can also undermine the “real and operating” requirement of the E-2 visa. Always confirm short-term rental status with municipal counsel before structuring an E-2 case around it.

Choosing an E-2 Immigration Lawyer

Many clients select an E-2 visa lawyer only to have their cases denied. Choosing the right lawyer is critical to your success with your E-2 visa application. Read our guide to selecting an E-2 visa lawyer for key questions when choosing an E-2 visa immigration lawyer in Miami.

How Many E-2 Visas does Davies & Associates Handle in Miami?

Every day our Miami team of E-2 visa lawyers receives inquiries from multiple E-2 visa applicants around the world, with a particularly heavy concentration of Latin American, European, and Caribbean cases. We file E-2 visa applications very frequently and receive multiple new E-2 visa inquiries every week of the year. We are one of the most active E-2 visa practices in both Miami and the United States.

Can Davies & Associates Help if Another Law Firm's E-2 Visa Application Was Denied?

Yes. We are frequently called on to help clients whose E-2 visa applications were denied when filed by another firm. Although our own prepared cases have an exceptional approval record, we have deep experience rehabilitating cases that started elsewhere. In nearly every such case we have taken on, we have been able to secure approval on re-filing or appeal.

Past results do not guarantee future outcomes. Every case is evaluated on its individual merits.

Why are so many E-2 visas Denied?

First, according to U.S. State Dept. data, E-2 visas have an exceptionally high approval rate, often in the low 90 percentiles. Second, if weak applications filed without the assistance of an immigration lawyer are filtered out, then the approval rate is even higher. In our opinion, E-2 visa applications demand a highly specialized and experienced team of lawyers and business professionals.

Common refusal grounds for Miami-routed cases (often filed at consulates in Latin America) include:

  • Insufficient or poorly documented source of funds (especially for applicants from countries with currency controls)
  • A passive-income business model that does not satisfy the “direct and develop” requirement
  • Marginal businesses that generate only enough income to support the investor's family
  • Inadequate Florida licensing or business setup at the time of filing
  • Weak or boilerplate business plans that do not reflect the realities of the South Florida market

For a complete list of E-2 visa qualification standards, see our E-2 visa requirements page.

Who Does Davies & Associates’ Miami E-2 Practice Represent?

Our Miami E-2 visa team is trusted by businesses of every size ranging from “Fortune 100” global corporations expanding into Latin American markets through Miami to individual entrepreneurs launching their first business in the United States. We have particular depth in clients from Argentina, Brazil, Colombia, Mexico, Spain, Italy, France, the United Kingdom, and Caribbean nations.

Leading Investor Visa Lawyers in Miami

The business plan is your chance to explain your business and how it meets the requirements of the law. It is critical that the law firm representing you thoroughly understand your business and are integral in the preparation of the business plan.

We often travel to our clients' business sites simply to enhance our understanding of their operations. Davies & Associates has a dedicated E-2 visa business plan team experienced with preparing thousands of E-2 visa business plans.



Why is our Global Reach Important to Clients of our Miami office?

While it is possible to file for “change of status” from within the United States, E-2 visa applications are typically filed in local consulates. Different consulates have different rules for E-2 visa applications, so local knowledge and experience with a consulate is essential.

For Miami's typical client base, that often means consulates in Buenos Aires, São Paulo, Bogotá, Mexico City, Lima, Madrid, Rome, Paris, Frankfurt, London, and Caribbean posts. Through our global network we maintain up-to-date information on the latest procedures and regulations at U.S. consulates around the world, with particular depth in Latin American posts.

Why does Davies & Associates have an Industry Leading E-2 Visa Success Rate?

What our Clients Say

“Another law firm told me that it was not possible for me to obtain an E-2 visa. Davies & Associates obtained a five year E-2 visa for me.”

European E-2 visa client — Miami-based business

Typically immigration lawyers are trained in small firms and often have no business experience. Often immigration lawyers “grow up” filing family-based immigration petitions.

Davies & Associates lawyers graduated from the very top US law schools and most were initially trained as business lawyers in the 10 largest law firms in the world. Many of our lawyers also hold MBA degrees from the world's top business schools, including the Wharton School of Business.

Few immigration firms combine dedicated E-2 immigration lawyers, corporate counsel, tax lawyers, business-plan professionals, and international consular experience within one platform.

We believe the outstanding quality of our lawyers is directly responsible for our industry-leading E-2 visa approval rate.

Where do Davies & Associates Miami E-2 Visa Clients come from?

Our Miami clients come from every continent, with a particularly heavy concentration of Latin American, Caribbean, European, and Canadian investors. We frequently file Miami-bound cases for clients from Argentina, Brazil, Chile, Colombia, Mexico, Peru, Venezuela, Spain, Italy, France, Germany, the United Kingdom, Canada, and across the Caribbean.

For nationals of non-treaty countries (such as Brazil, Colombia, Venezuela, China, India, Vietnam, Russia, and South Africa), the E-2 visa is generally only available after acquiring a treaty-country citizenship through a recognised Citizenship-by-Investment program. Davies & Associates is the only U.S. law firm formally licensed by the Government of Grenada as a Marketing Agent for the Grenada Citizenship-by-Investment Program. Grenada is just 4 to 5 hours by air from Miami, making the Grenada-to-E-2 path particularly convenient for Brazilian, Colombian, and other Latin American investors entering the U.S. through Florida.

Italian E-2 Investors in Miami

Davies & Associates is privileged to represent a large number of Italian E-2 investors opening businesses in Miami and across South Florida. Italy is one of our highest-volume source countries for Miami-bound E-2 cases, alongside Argentina and Brazil.

Procedural note for Italian investors: Italian nationals investing in Miami still process their E-2 visa applications through the U.S. Embassy in Rome, even when the underlying business is located in Florida. Rome is the only consular post in Italy that adjudicates E-class visas, regardless of where in the U.S. the business operates. See our full E-2 Visa for Italian Nationals guide and our Italy Practice Team page for Italian-language coordination.

The Italian community in South Florida is substantial and growing. Brickell, Sunny Isles Beach, Aventura, and Coral Gables all have significant Italian-speaking populations, Italian schools, Italian-language media, and an established network of Italian restaurants, designers, real-estate professionals, and family offices. Direct Miami flights from Rome and Milan operate year-round, and the Italian Consulate General in Miami serves the entire Southeast U.S.

Why Italian Founders Choose Miami

Italian E-2 cases in Miami cluster in industries where Italian brands and craft carry genuine commercial weight:

  • Fashion and design — Miami's Design District and South Beach have established markets for Italian apparel, leather goods, eyewear, and home design
  • Food and beverage — restaurants, gelaterie, pasticcerie, importers of Italian wine, olive oil, and specialty foods
  • Hospitality — boutique hotels, short-term rental management (subject to local rules), restaurant groups
  • Marine and yachting — brokerage, charter, refit, and supply businesses serving the South Florida and Caribbean yacht market, where Italian builders (Ferretti, Azimut, Sanlorenzo, Riva) have a strong presence
  • Architecture, interior design, and construction — high-end residential and commercial projects across Miami-Dade
  • Technology and professional services — Italian-led fintech, consulting, and B2B firms entering the U.S. market through Miami

How Davies & Associates Supports Italian Clients

Italian E-2 cases benefit from coordination across multiple D&A offices and disciplines. For full Italian-specific E-2 guidance, the authoritative reference is our E-2 Visa for Italian Nationals page; for Italian-language coverage, see E2 Investitori Visto.

  • D&A Italy office in Florence — assists with Italian-side documentation, source-of-funds compilation, Italian tax-compliance verification, and coordination with Italian counsel where local-law opinions are needed (Via Bonifacio Lupi 29, Firenze)
  • U.S. Embassy in Rome — the sole post in Italy that adjudicates E-2 visa applications. The U.S. Consulates in Naples and Milan do not process E-category visas. Our team has extensive experience with the Rome post's procedures, document expectations, and the 60-page application limit imposed at Rome. See our dedicated E-2 Italian Nationals guide for Rome-specific procedure detail.
  • U.S. Consulate General in Naples — relevant only if the Italian client also pursues an EB-5 immigrant visa: Naples is currently the sole immigrant-visa-issuing post in Italy (consular routing is set by the U.S. Department of State and can change). See our EB-5 Lawyers Naples page.
  • Italian-language client service — available through our Italian practice team and Florence office
  • Cross-border tax structuring — coordination between Italian and U.S. tax obligations, including Italian fiscal residency rules, AIRE registration, and U.S. corporate structuring (LLC vs. C-Corp) for Italian principals
  • E-2 reciprocity — Italian nationals receive favourable U.S. State Department reciprocity, with five-year E-2 visas typically issued. See the per-country detail in our E-2 treaty countries reciprocity table.
  • Italian Citizenship-by-Descent (Jure Sanguinis) — for Miami-bound founders with Italian ancestry but non-Italian current citizenship, Italian citizenship via descent can unlock E-2 access. Italy has no generational limit on descent claims. See our E-2 visa via citizenship routes guide.
  • E-1 Treaty Trader for Italian businesses — where the Miami business will primarily trade goods or services with Italy, the E-1 may be a better fit than the E-2. See our E-1 for Italian nationals page.

Sei un investitore italiano interessato a Miami? Il nostro team italiano-americano coordina la pratica E-2 dall'Italia agli Stati Uniti, dalla nostra sede di Firenze al consolato statunitense competente a Roma.

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What is the State Department Reciprocity Problem?

Consular officers are guided by nationality-based US State Department guidelines as to the maximum validity of each E-2 visa they issue. The range of the maximum validity is from three (3) to sixty (60) months. For the full per-country reciprocity schedule, see our E-2 treaty countries reciprocity table.

Davies & Associates is relied on by other US immigration law firms for our guidance as to how to deal with E-2 visa issuance for nationalities where the guidelines lead consular officers to issue an E-2 visa with a very limited period of validity. Several Latin American nationalities (notably Mexico) have favourable reciprocity terms; others (notably Argentina at certain periods) have had less favourable terms historically.

Why Does Davies & Associates Have Lawyers Admitted in Multiple International Jurisdictions on Its E-2 Visa Team?

For many nationalities the ability to obtain a US visa depends on issues of foreign law. For example, E-2 visa applicants are required to prove that their funds were lawfully earned in a foreign country. Our firm includes non-US lawyers and advisors who assist clients with making lawful transfers of funds and obtaining written opinions on issues of foreign law that are necessary for an E-2 visa application. This is particularly important for Latin American applicants, where currency controls, parallel-market exchange rates, and tax-residency rules vary widely.

Every week of the year Davies & Associates lawyers provide clients with advice as to how to lawfully transmit funds from non-US jurisdictions to finance their US businesses.

Why do Davies & Associates open Escrow Accounts for E-2 Visa Clients?

The law requires that your funds be “irrevocably” invested in the US business. Unfortunately as funds in a business checking account can easily be withdrawn they do not qualify as being “irrevocably invested” in the US business. For a new or smaller business it can be challenging to irrevocably invest the sums required.

Our firm commonly solves this problem by opening an escrow account for clients under the terms of which the funds can only be:

(1) withdrawn for legitimate business purposes; or

(2) refunded to the client in the event that their E-2 visa application is denied. By holding the E-2 visa funds in this way they are deemed to be “irrevocably” invested in the business and can be used for any legitimate business expense.



Leading E-2 Visa Lawyers in Miami

D&A's Miami office serves the firm's E-2, L-1, and EB-5 clients across South Florida and across Latin America and the Caribbean.

Miami Office:
80 S.W. 8th Street, Suite 2000

Our Miami office is located at 80 S.W. 8th Street, Suite 2000, in the corridor between Brickell and Little Havana — close to PortMiami, the Miami River, the federal courthouse, and the financial district. The office serves our E-2, L-1, and EB-5 clients across Miami-Dade and Broward counties and coordinates with our offices across the United States, Latin America, the Caribbean, Europe, and Asia.

Telephone: +1 305 423 7163

Government and Authority Sources

The E-2 visa is governed by U.S. statute, regulation, and policy guidance. The primary public-facing sources are:

Davies & Associates monitors changes to these sources continuously and incorporates updates into our Miami E-2 practice.

FAQ: Miami Investor Visa Guide

Why is Miami a top destination for foreign E-2 visa investors?

Miami consistently ranks at or near the top of U.S. metros for foreign founders. Florida has no state income tax, the regulatory environment is light-touch, Miami International Airport is the #1 U.S. airport for international cargo and #2 for international passengers, and PortMiami is Florida's #1 container port and the leading gateway for U.S. trade with Latin America and the Caribbean. Greater Miami also has the second-largest concentration of domestic and international banks in the U.S.

For foreign-owned small and mid-sized businesses, capital typically goes 3 to 5 times further in Miami than in NYC, LA, or San Francisco. Miami is also the natural hub for investors from Latin America, the Caribbean, and Spain due to language, diaspora networks, and established trade lanes.

Can I use an E-2 visa to buy an existing Miami business?

Yes. A significant share of Miami E-2 visa cases involve the acquisition of an existing business rather than a start-up. Buying an established Miami business can shorten the path to E-2 approval because the enterprise is already operating, has documented revenue, and has employees in place — helping satisfy the “real and operating” and non-marginality requirements under 8 CFR § 214.2(e).

However, not every business is E-2 suitable. Common deal-breakers include marginal income, passive-income structures, insufficient employment growth, source-of-funds problems, and federally regulated activities such as cannabis. Engaging an E-2 visa lawyer before signing a Letter of Intent or making a deposit allows the investor to assess E-2 suitability before financial commitments harden.

What is the difference between a business broker and an E-2 visa lawyer?

A business broker sources businesses for sale and earns a commission (typically 8–15% of the sale price) paid by the seller upon closing. An E-2 visa lawyer assesses whether a business qualifies for E-2 visa purposes, structures the qualifying investment, drafts source-of-funds documentation, and files the visa application. The two roles are complementary, not interchangeable.

Critically, brokers typically have no E-2 expertise and are not engaged to assess immigration suitability. A profitable, well-priced, well-located Miami business can still fail the E-2 marginality, source-of-funds, or active-management tests. Investors who rely on a broker alone often find out the business is not E-2 suitable only after committing funds.

Can investors from Argentina, Brazil, Mexico, Spain, Italy, France, Germany, or other countries work with a Miami E-2 visa lawyer?

Yes. Most E-2 visas are issued through U.S. consulates outside the United States, even when the business will operate in Miami. Davies & Associates’ Miami team regularly represents investors applying through U.S. consulates in Buenos Aires, São Paulo, Mexico City, Madrid, Rome, Paris, Frankfurt, London, and other major E-2 processing posts.

Brazil, Argentina, and other non-treaty Latin American countries can also access E-2 through Citizenship-by-Investment programs (Grenada, Turkey). Davies & Associates is the only U.S. law firm formally licensed by the Government of Grenada as a Marketing Agent for the Grenada CBI Program.

Do I need a Miami lawyer for an E-2 visa?

You are not legally required to hire a lawyer located in Miami to apply for an E-2 visa. However, investors launching or acquiring businesses in South Florida often benefit from working with Miami-based E-2 visa lawyers who understand Florida business structures, Miami-Dade licensing requirements, county and city incentive programs, and the commercial realities of operating in the South Florida market.

E-2 visa cases frequently require coordination between immigration strategy and practical business planning. A Miami legal team can help ensure the proposed business model reflects realistic operations in the Miami market.

What does a Miami E-2 visa lawyer actually do?

A Miami E-2 visa lawyer typically assists investors with several parts of the process, including:

  • Structuring the U.S. business entity (often a Florida LLC or C-Corp)
  • Preparing the E-2 visa petition
  • Developing a compliant E-2 business plan
  • Coordinating escrow arrangements for investment funds
  • Advising on Florida and Miami-Dade business licensing and setup
  • Preparing documentation for the relevant U.S. consulate (often in Latin America, Spain, or Italy)

At Davies & Associates, our Miami team works closely with our international offices to coordinate both U.S. business strategy and the visa application process.

What kinds of businesses qualify for an E-2 visa in Miami?

The E-2 visa can support a wide range of businesses in Miami, including:

  • Hospitality and restaurants (especially in Brickell, Wynwood, the Design District, South Beach)
  • Hotels and short-term rentals (where lawful under municipal rules)
  • Retail and fashion (the Design District and Lincoln Road)
  • Import/export and distribution (leveraging PortMiami, MIA, and FTZ #281)
  • Professional services (law, consulting, accounting, real estate)
  • Technology and fintech (Brickell, Coral Gables, Wynwood)
  • Real estate operations (when actively managed with employees, not passive holdings)
  • Franchises (a common E-2 vehicle in Miami's diverse small-business market)
  • Yacht/marine and aviation services (anchored in Miami Beach, Aventura, and Fort Lauderdale)
Are there Miami-Dade or Florida programs that benefit foreign-owned E-2 businesses?

Yes. The Miami-Dade Beacon Council is the County's official public-private economic development partnership and works directly with international investors entering the U.S. market. Miami-Dade County offers the Targeted Jobs Incentive Fund (TJIF) — up to USD 1,000 tax credit per new full-time job for businesses creating a minimum of 10 to 20 jobs depending on stage — and the Relocation and Expansion Incentive Program (REIP) for businesses creating 50+ jobs.

At the state level, SelectFlorida (under FloridaCommerce) and the Florida Job Growth Grant Fund support workforce training and infrastructure. Florida has no state income tax, which is a significant operating advantage. Government grants and tax credits do not count as the investor's own E-2 “investment,” but participation can help evidence that the business is real, operating, and positioned for growth.

Does Miami have a Foreign-Trade Zone for import/export E-2 businesses?

Yes. Miami is served by Foreign-Trade Zone #281, with sites covering PortMiami, Miami International Airport, and various industrial parks across Miami-Dade County. The FTZ allows businesses to defer, reduce, or eliminate U.S. customs duties on imported goods, which can be a meaningful advantage for E-2 import/distribution businesses leveraging Miami's role as the gateway to Latin America and the Caribbean.

The FTZ is administered by the Miami-Dade Aviation Department and works alongside PortMiami. Eligibility and procedures are governed by the U.S. Foreign-Trade Zones Board.

Can E-2 investors operate hotels, short-term rentals, or marine businesses in Miami?

Yes, but with care. Miami has specific rules around short-term rentals that vary by municipality (the City of Miami Beach and certain Miami-Dade neighborhoods have particularly strict rules), and operating outside those rules can jeopardize both the business and the visa.

Marine businesses (yacht charter, brokerage, marina operations) are common E-2 vehicles in South Florida given the size of the local marine market, but they often involve U.S. Coast Guard licensing and sales-tax considerations that need to be aligned with the immigration filing. Our Miami corporate team coordinates licensing and the immigration narrative so the business model holds together for E-2 adjudication.

I am from Brazil, Colombia, Venezuela, or another non-treaty country. Can I still get an E-2 visa for a Miami business?

Yes — through Citizenship-by-Investment. Brazil, Colombia, Venezuela, Russia, India, China, and Vietnam (among others) do not have qualifying E-2 treaties with the United States. However, several E-2 treaty countries operate Citizenship-by-Investment programs.

Grenada is the most popular route for Latin American investors entering the U.S. through Miami. Davies & Associates is the only U.S. law firm formally licensed by the Government of Grenada as a Marketing Agent for the Grenada Citizenship-by-Investment Program. Grenada is just 4 to 5 hours by air from Miami, making it particularly convenient for ongoing business between the two locations.

See our Grenada CBI guide for full details.

Are escrow arrangements common in Miami E-2 visa cases?

Yes. Many E-2 investors use escrow agreements to protect investment funds until the visa is approved.

Escrow can help demonstrate that funds are committed to the business, while also protecting the investor if the visa application is denied. Davies & Associates has used escrow arrangements in E-2 cases extensively for more than a decade, and our Miami team structures escrow agreements that satisfy 8 CFR § 214.2(e)(12) while protecting the investor's downside.

Where can I learn more about E-2 visa eligibility?

This page focuses on E-2 visa legal representation in Miami and South Florida.

For a complete explanation of eligibility, treaty countries, and investment requirements, see our full guide:

You can also review the list of qualifying treaty countries here:

Do you handle E-2 visa cases for Italian investors opening businesses in Miami?

Yes. Davies & Associates represents a large number of Italian E-2 investors opening businesses in Miami and across South Florida. Italy is one of our highest-volume source countries for Miami-bound E-2 cases.

Italian E-2 cases in Miami cluster in:

  • Fashion and design (Design District, South Beach)
  • Food and beverage (restaurants, gelaterie, pasticcerie, importers)
  • Hospitality (boutique hotels, restaurant groups)
  • Marine and yachting (Italian builders such as Ferretti, Azimut, Sanlorenzo, and Riva have a strong presence in the South Florida market)
  • Architecture, interior design, and construction
  • Technology, fintech, and professional services

Our Italy office in Florence assists with Italian-side documentation, source-of-funds compilation, and coordination with Italian counsel. E-2 visa applications for Italian nationals are adjudicated exclusively at the U.S. Embassy in Rome — the U.S. Consulates in Naples and Milan do not process E-category visas (Naples handles immigrant visas only, including EB-5). Italian nationals receive favourable U.S. State Department reciprocity, with five-year E-2 visas typically issued.

For full Italian-specific guidance, see our E-2 Visa for Italian Nationals page; for Italian-language information, see our E2 Investitori Visto guide.

Do these business incentive programs count as my E-2 visa investment?

No. Under 8 CFR § 214.2(e)(12) and (e)(14), the E-2 qualifying investment must consist of the investor's own at-risk capital. Government grants, tax credits, and subsidised loans do not count as the investor's own investment. However, participation in legitimate state and local business programs is excellent evidence that the underlying enterprise is real, operating, and positioned for growth — which directly supports the bona fide enterprise and non-marginality requirements of the E-2 visa.

About the Authors

Mark I. Davies, Esq.

Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.

Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.

Area Details
Education: JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training: Completed the Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice: Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the world's largest international law firms
Immigration Track Record: 15+ years advising HNW investors | Zero denials for clients advised on source-of-funds compliance in EB-5 | Hundreds of successful EB-5 cases globally
Recognition: Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023)
Professional Engagements: Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences

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Company location

New York Office World Trade Center
1 World Trade Center, Suite 8500, New York, NY 10007
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New York Office E69th Street
200 E 69th Street, 2N, New York, NY 10022
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California Office
555 Anton Blvd, Suite 150, Costa Mesa, CA 92626
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Philadelphia Office
1500 John F Kennedy Blvd, Suite 450, PMB 41, Philadelphia, PA 19102
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Los Angeles Office
601 South Figueroa Street, Suite 4050, Los Angeles, CA 90017
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Chicago Office
155 N. Upper Wacker Dr., Suite 4250, Chicago, IL 60606
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Miami Office
80 S.W. 8th St., Suite 2000, Miami, FL 33130
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Atlanta Office
1075 Peachtree Street NE, Suite 3650, Atlanta, GA 30309
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Telephone number

New York Office World Trade Center
+1 212 537 9196
Fax: +1 949 396 1371

New York Office E69th Street
+1 212 537 9196
Fax: +1 949 396 1371
California Office
+1 949 620 1811
Fax: +1 949 396 1371
Philadelphia Office
+1 215 525 1881
Fax: +1 949 396 1371
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+1 312 261 8560
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Miami Office
+1 305 423 7163
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Top 25 EB-5 Immigration Attorneys 2023

Avvo Client Reviews Badge for Mark Ivan DaviesMark Ivan DaviesReviewsout of 24 reviews

E-2 Visa EB-1C Pathway Myth Explained!

The L-1 visa has no advantage over the E-2 visa in terms of pathway to a Green Card. If an E-2 visa holder meets the EB-1C criteria then the “pathway” is identical to the holder of an L-1 visa. Confusion sometimes arises because EB-1C criteria are similar to L-1A criteria.



E-2 Visas for UK Citizens E-2 Visas for UK Citizens

E-2 Visas for Italians E-2 Visas for Italians

E-2 Visas for Australians E-2 Visas for Australians

E-2 Visas for Singaporeans E-2 Visas for Singaporeans

E-2 Visas for Canadians E-2 Visas for Canadians

E-2 Visas from the UAE E-2 Visas from the UAE

E-2 Visas for Argentinians E-2 Visas for Argentinians

E-2 Visas for Germans E-2 Visas for Germans

E-2 Visas for French E-2 Visas for French

E-2 Visas for Turkish E-2 Visas for Turkish

E-2 Visas for Grenadians E-2 Visas for Grenadians

E-2 Visas for Taiwanese E-2 Visas for Taiwanese


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Looking to acquire an E2 Visa?

We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for businesses, investors, individuals, and families.

E2 Visa Immigration lawyer near me

Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.

Individual seeking 'Impossible' TN Visa

D&A was very detail-oriented and very thorough in what they did. They worked on my case 24/7 and were very patient in answering all my questions.

E-2 Visa Client

My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.

E2 + CBI Client

D&A was my guiding light through the entire EB-5 process.

EB-5 Visa Client

I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E-2 visa. The most important thing is a good team behind you. With Davies & Associates, you're in safe hands... you need someone who can support you on the ground and, again, you are well taken care of by D&A. The people are really warm, very helpful and quite open-minded when it comes to business... Not to mention as a passport it's great from a travel perspective... It's just 4 to 5 hours from New York.

Grenada CBI + E2 Visa Client

The entire process of getting an EB-5 visa is handled in a professional way by Mark Davies and his team. EB-5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H-1B route for my children, but it became unreliable and so I looked to the EB-5 visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.

Parent of 2 EB-5 visa holders

I'm in the process of extending my L-1 visa. I submitted a few questions regarding my case, and he contacted me back almost immediately, both by email and telephone. Unlike other attorneys I met before, he gave me the impression of knowing off the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.

L-1B Visa Holder

Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.

E2 Visa for Small Professional Business With International Offices

Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in a highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.

Complex Fiancée Visa Need Involving Multiple International Jurisdictions

Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.

Individual Seeking 'Impossible' TN Visa

I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.

Doctor Seeking J1 Visa Waiver

I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.

U Visa Applicant, A Victim of Crime
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Looking to relocate or having trouble with a visa application?

We are known for our creative solutions that obtain "impossible" visas. We solve the most complex immigration problems for business, investors, individuals and families.

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Our Locations

New York Office World Trade Center:
1 World Trade Center, Suite 8500, New York, NY 10007
+1 212 537 9196
Map and Driving Directions

New York Office E69th Street:
200 E 69th Street, 2N, New York, NY 10022
+1 212 537 9196
Map and Driving Directions

California Office:
555 Anton Blvd, Suite 150, Costa Mesa, CA 92626
+1 949 620 1811
Map and Driving Directions

Philadelphia Office:
1500 John F Kennedy Blvd, Suite 450, PMB 41, Philadelphia, PA 19102
+1 215 525 1881
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London Office:
69 Old Broad Street, Dashwood House, London EC2M 1QS, United Kingdom
+44 20 3884 1812
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London Office Beaufort Court:
Beaufort Court, Admiral Way, London E14 9XL, United Kingdom
+44 20 3884 1812
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Edinburgh Office:
28 Rutland Square, Edinburgh, Scotland, EH1 2BW
+44 131 392 0686
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Milton Keynes Office:
The Pinnacle, 170 Midsummer Blvd, Milton Keynes MK9 1FE, United Kingdom
+44 7740 000769
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Glasgow Office:

+44 131 392 0686
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Vietnam Office:
46th Floor, Bitexco Financial Tower, 2 Hai Trieu, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
+84 28 6287 5912
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India Office:
Enam Sambhav C-20, G Block, Bandra-Kurla Complex, Mumbai 400051, Maharashtra
+91 720 856 4057
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Italy Office:
Via Bonifacio Lupi 29, 50129 Firenze FI, Italy
+39 055 076 3054
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Manila Office:
Unit 107, AIC Burgundy Empire Tower, ADB Ave. cor Garnet and Sapphire Streets, Ortigas Center, Pasig City 1605, Metro Manila, Philippines
+63 2 7215 7878
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Sydney Office:
Level 12, 210 George Street, Sydney NSW 2000, Australia
+61 2 9156 1032
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Perth Office:
Davies & Associates LLC, Level 1, 12 St Georges Terrace, Perth WA 6000, Australia
+61 2 9156 1032
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Singapore Office:
160 Robinson Road, #14-04, Singapore Business Federation Centre, Singapore 068914
+65-9615-0528
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