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 Events Calendar > Political

Inn owners back in N.H. but in limbo

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By NANCY BEAN FOSTER
Union Leader Correspondent

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

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

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

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

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

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

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

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

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

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