Historic Pub owners continue fight with US immigration
May 05 2009 by Gareth McConnell
Two British owners of an historic pub in New Hampshire who were told their US work visas would not be renewed by US immigration officials in London have been allowed to return stateside to put their affairs in order - or face deportation.
They have until their current E-2 treaty investor visas expire in August.
Nick Finnis and Andrew Cook bought the 230 year old Birchwood Inn in 2003 and went about investing their life-savings and renovating the ancient building, successfully turning it into a popular pub for locals and tourists.
Whilst the bed and breakfast business has been profitable, immigration officials have decided it is not profitable enough, nor does it employ enough local people.
It is the second time in two years the business partners have found themselves in the US immigration minefield. In 2007, when Cook returned to the UK to renew his E-2 work visa, authorities turned him down on the same grounds. On that occasion his partner got the support of local people and politicians and when two Senators stepped in, the problems were ironed out and Cook was allowed to return.
"The State Department won't tell us what we need to do to prove that we're a viable business," said Cook. "They won't tell us how many employees we need to have or how much money we need to make. All they keep telling us is that our investment isn't substantial enough."
Laura Tischler, a spokesperson with the State Department says immigration officers have a certain amount of flexibility when issuing the US work visa.
"There is no set dollar amount, the issuing officer has to look at the whole case, the number of employees, the business plan, proof that it's a functional business and other criteria to decide if someone qualifies for an E-2 visa,” Tischler said.
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