Case Studies: E-2 Visa for Coffee Shop for Couple from La Rochelle - USD 85,000 Escrowed Investment

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Case Studies: E-2 Visa for Coffee Shop for Couple from La Rochelle - USD 85,000 Escrowed Investment

Visa Type:	E2 Visa
Country:	France

Synopsis

French citizens consistently rank among the top three sources of E-2 visa applicants in Europe.

This case study examines the E-2 Treaty Investor visa application for a French couple from La Rochelle who acquired an existing specialty coffee shop in Miami, Florida. The strategy highlights how to protect capital while meeting the "irrevocably committed" investment standards required by the U.S. Embassy in Paris.

Version Française

I. Executive Summary

Applicants: French couple (joint investors) and former boutique owners from La Rochelle.
Industry: Food & Beverage / Specialty Coffee.
U.S. Entity: Asset purchase of a retail coffee shop.
Filing Date: November 2024 in Paris, France.
Total Investment: $105,000.

Purchase Price: $85,000 (held in escrow).
Cash: $20,000 (for operations, inventory, and marketing).

Approval Date: March 2025.

II. The Core Challenge: Possession vs. Risk

The primary hurdle was proving that the $85,000 purchase price was "at-risk," even though the seller had not yet received the funds at the time of filing.

1. The Escrow Strategy

To satisfy the requirement that capital be irrevocably committed, the couple used a third-party escrow account governed by a signed Asset Purchase Agreement (APA).

Conditionality: The contract stipulated that funds would only be released to the seller upon E-2 visa approval.
The Safety Net: This structure ensured that if the visa were refused, the couple would recover their principal investment, meeting the "at-risk" legal requirement without unnecessary financial exposure.

2. Physical Possession and Transition

The Paris consulate is strict regarding "speculative" businesses. To overcome this:

Requirement: The application had to prove a legal right to occupy the premises.
Documentation: A signed lease assignment and the escrowed APA proved that the assets were ready to enter the U.S. market immediately upon visa issuance.

III. Detailed Case Examination

1. Substantiality (The Proportionality Test)

The $105,000 investment is considered above the lower threshold typically seen in Paris for service-based businesses. Because the couple purchased 100% of the existing business, the investment met the proportionality requirement for the acquisition.

2. "Real and Operating" (The Permitting Hurdle)

A coffee shop is viewed as speculative until it is legally permitted to serve the public. Mandatory evidence included:

Miami-Dade County Business License: Local business tax receipt.
Health Department Permit: Verification that the facility is approved for food service.
Lease Agreement: Proof of a physical location in Miami.

3. Marginality and Economic Impact

The business had to prove it was more than just a "lifestyle" visa.

The Narrative: The applicants used their background in La Rochelle to introduce a "French Atlantic Coast" aesthetic and specialized pastry imports to Miami.
Hiring: Their 5-year business plan committed to retaining three existing U.S. employees and hiring a full-time Kitchen Manager within 18 months.

4. Investment Breakdown Table

Asset	Value	Evidentiary Standard (Paris Tab F)
Business Purchase (Escrow)	$85,000	Escrow Agreement; Asset Purchase Agreement; Wire transfer confirmation.
Working Capital / Stock	$20,000	Invoices for espresso equipment; initial coffee bean inventory; marketing contracts.
TOTAL	$105,000	100% Proportionality for an acquisition of an existing enterprise.

5. Strategic Advice for Success

Avoiding "Idle Cash": By placing the full $105,000 into escrow, the entire amount was counted as "committed". If the funds had stayed in a standard bank account, they might have been discounted as "idle cash".
The "La Rochelle" Story: Emphasizing regional expertise elevated the business from a "generic cafe" to a specialized cultural boutique. Consular Officers in Paris highly value the prestige of French regional expertise.

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Case Studies: E-2 Visa for Coffee Shop for Couple from La Rochelle - USD 85,000 Escrowed Investment