floridapete
05-05-2006, 11:57 AM
I just received my current copy of "Emigrate America" by Outbound Publishing Ltd. It used to be called GOING USA and I used to write for them on a monthly basis a few years back.
However, this month they carry a very interesting response from the US Embassy in London to previous reports of delays and 'bad service' as voiced by people awaiting judgement on Visa applications and renewals.
I spoke to their Editor this morning to ask if this article was availabe in their online issue so that readers on here could see it - but it isn't.
So, instead, he has kindly sent me the article, and previous articles, by e-mail with permission for me to publish them on here for anyone who is interested to read.
Ben Lewis is also VERY interested to hear from anyone who is presently a 'victim' of the system, either still in the UK or over in the USA.
Here they are:
"THE EMBASSY WRITES BACK!"
In the last edition of Emigrate America, we placed the spotlight on lengthy E-2 waiting times rude rejections and poor correspondence. In this edition, Consul General John Caulfield gives the US Embassy’s side of the story
To the editor, Emigrate America:
The UK is our single largest foreign investor, accounting for over 17 per cent of inward direct investment stock in the US.
British citizens can investigate, invest in and close on commercial ventures from overseas while visiting the US on the Visa Waiver Programme. British citizens can also purchase real estate in visitor status or from abroad through their agents.
Investing in the US, however, does not create a right to live in the US. Foreign investors who want to reside in the US to personally control and direct an eligible enterprise must apply for a visa.
The non-immigrant treaty investor ‘E-2’ visa is available to eligible British citizens pursuant to a treaty between our two countries. Applicants for the E-2 visa must demonstrate their investment meets all the requirements for treaty investor status under US immigration law.
Prospective investors should be cautious about claims from agents or sales people that investment will assure qualification for an E-2 visa.
A significant number of applicants appear to have invested large sums of money relying on representations that a visa will be issued provided they pursue a proposed investment scheme or plan. Only a consular officer may approve a visa.
Prospective investors should review the information on the Embassy website (www.usembassy.
org.uk). and consider seeking advice from a US immigration law professional prior to making a financial commitment.
Requirements for Treaty Trader and Treaty Investors are set out in the Foreign Affairs Manual (FAM) at 9 FAM 41.51. The requirements can be viewed in their entirety by visiting: http://www.foia.state.gov/masterdocs/09fam/0941051N.pdf.
To be eligible for E-2 status, the visa applicant must demonstrate that he or she:
-- Has irrevocably invested or is actively in the process of investing funds that are subject to partial or total loss if business fortunes reverse;
-- Is in a position to “develop and direct” the enterprise;
-- If an employee, is destined to be in an executive/supervisory position or possesses skills essential to the firm’s operations in the United States; and
-- Intends to depart the United States when the E-2 status terminates.
Moreover, the visa applicant must demonstrate that:
-- The enterprise is a real and active commercial or entrepreneurial undertaking, producing some service or commodity (as opposed to a paper organisation or a passive investment held for income or potential appreciation in value);
-- The investment is substantial; and
-- The investment is more than a marginal one (it cannot be solely for earning a living for the investor and his or her family).
The treaty investor visa programme was designed to enhance economic and commercial interaction between the US and the treaty countries. It is not intended as a means for foreign citizens to create employment for themselves in a marginal enterprise and thereby secure the right to reside indefinitely in the US
There is no US retirement visa. British citizens can purchase homes in Florida or other sunny locales in the US and legally spend up to 90 days without a visa or up to 180 days with a B1/B2 visitor visa. In fact, many British ‘snow birds’ have been buying vacation homes to temporarily stay in Florida from October through April every year for the last decade.
The US investor visa regime is in fact quite liberal compared with the UK. According to UKVisas, UK investor visa requirements include demonstrating a net worth in excess of £2 million and an intention to invest at least £750,000. Moreover, the investment cannot be in companies that solely manage property.
By comparison, there is no statutorily defined sum to meet the US requirement other than that the investment is substantial. Investments comprising much less than £750,000 are often approved.
The Embassy is committed to an expeditious and transparent visa process for all applicants. Our website has been improved to provide clear guidance on application requirements, including links to applicable regulations. Applications demonstrating fulfilment of all requirements for E-2 status will be promptly adjudicated. In the last 12 months, the Embassy completed processing nearly 3000 E-2 visas, approving approximately 94 per cent of the applications.
Allow me to clarify several of the issues raised in last edition’s article. There is no new system of interviews for E-2 visas. Since the summer of 2003, all visa applicants between the ages of 14 and 79 for every visa category, except, diplomatic and official, have been required to appear in person for an interview. By law, final adjudication of visa applications must be done by a consular officer on completion of an interview in person. This means that a visa application cannot be approved or rejected by letter or e-mail.
We have not stated that six weeks is the average processing time. Our website states that E-2 visa applicants can expect 12 to 16 weeks processing time if their application is submitted according to instructions.
Because E-2 visas are complex, applicants are given extensive personal interviews, often lasting more than an hour, compared to two or three minutes for a typical tourist visa interview.
We welcome the positive economic impact of British visitors and investors and continually work to streamline and improve visa processes. For more detailed information on the E-2 and other categories of visas, please visit http://london.usembassy.gov.
Sincerely,
John Caulfield, Consul General, US Embassy London.
>>>>>>>
Emigrate America says:
We would like to thank the Embassy for their response but we feel they have failed to address some key points. Most people will accept the Embassy’s right to decline any application they don’t feel makes the grade. However, the issues have arisen from the way that people have been treated when being denied, the lengthy waiting times and the lack of communication from the Embassy itself.
The general consensus amongst those who have had their business proposals rejected is that they have been made to wait unacceptable periods with their lives on hold awaiting a decision.
The Embassy states that the waiting process is 12–16 weeks. Surely this should apply to both rejection and affirmation. The nature of the E-2 application process means that people have to commit a substantial amount of money just to embark on the process of finding a business and submitting the paperwork. Even with a request for additional information people should not be expected to wait 15 months with little to no communication from the Embassy (as it was with the case stated in the article).
Finally, the nature of the rejections themselves and the behaviour of Embassy officials has been called into question. People have complained that they have been made to feel like “criminals”. We feel that these are all issues that need to be addressed.
-- If you have been affected by any of the issues raised in this or other E-2 articles please contact: ben.lewis@outboundmedia.co.uk with your story.
All of the above has been reproduced by kind permission of:
Ben Lewis
Journalist
Outbound Publishing
1 Commercial Road, Eastbourne, East Sussex, BN21 3XQ, UK.
tel: +44 (0) 1323 726040
fax: +44 (0) 1323 649249
ben.lewis@outboundmedia.co.uk
www.outboundpublishing.com
However, this month they carry a very interesting response from the US Embassy in London to previous reports of delays and 'bad service' as voiced by people awaiting judgement on Visa applications and renewals.
I spoke to their Editor this morning to ask if this article was availabe in their online issue so that readers on here could see it - but it isn't.
So, instead, he has kindly sent me the article, and previous articles, by e-mail with permission for me to publish them on here for anyone who is interested to read.
Ben Lewis is also VERY interested to hear from anyone who is presently a 'victim' of the system, either still in the UK or over in the USA.
Here they are:
"THE EMBASSY WRITES BACK!"
In the last edition of Emigrate America, we placed the spotlight on lengthy E-2 waiting times rude rejections and poor correspondence. In this edition, Consul General John Caulfield gives the US Embassy’s side of the story
To the editor, Emigrate America:
The UK is our single largest foreign investor, accounting for over 17 per cent of inward direct investment stock in the US.
British citizens can investigate, invest in and close on commercial ventures from overseas while visiting the US on the Visa Waiver Programme. British citizens can also purchase real estate in visitor status or from abroad through their agents.
Investing in the US, however, does not create a right to live in the US. Foreign investors who want to reside in the US to personally control and direct an eligible enterprise must apply for a visa.
The non-immigrant treaty investor ‘E-2’ visa is available to eligible British citizens pursuant to a treaty between our two countries. Applicants for the E-2 visa must demonstrate their investment meets all the requirements for treaty investor status under US immigration law.
Prospective investors should be cautious about claims from agents or sales people that investment will assure qualification for an E-2 visa.
A significant number of applicants appear to have invested large sums of money relying on representations that a visa will be issued provided they pursue a proposed investment scheme or plan. Only a consular officer may approve a visa.
Prospective investors should review the information on the Embassy website (www.usembassy.
org.uk). and consider seeking advice from a US immigration law professional prior to making a financial commitment.
Requirements for Treaty Trader and Treaty Investors are set out in the Foreign Affairs Manual (FAM) at 9 FAM 41.51. The requirements can be viewed in their entirety by visiting: http://www.foia.state.gov/masterdocs/09fam/0941051N.pdf.
To be eligible for E-2 status, the visa applicant must demonstrate that he or she:
-- Has irrevocably invested or is actively in the process of investing funds that are subject to partial or total loss if business fortunes reverse;
-- Is in a position to “develop and direct” the enterprise;
-- If an employee, is destined to be in an executive/supervisory position or possesses skills essential to the firm’s operations in the United States; and
-- Intends to depart the United States when the E-2 status terminates.
Moreover, the visa applicant must demonstrate that:
-- The enterprise is a real and active commercial or entrepreneurial undertaking, producing some service or commodity (as opposed to a paper organisation or a passive investment held for income or potential appreciation in value);
-- The investment is substantial; and
-- The investment is more than a marginal one (it cannot be solely for earning a living for the investor and his or her family).
The treaty investor visa programme was designed to enhance economic and commercial interaction between the US and the treaty countries. It is not intended as a means for foreign citizens to create employment for themselves in a marginal enterprise and thereby secure the right to reside indefinitely in the US
There is no US retirement visa. British citizens can purchase homes in Florida or other sunny locales in the US and legally spend up to 90 days without a visa or up to 180 days with a B1/B2 visitor visa. In fact, many British ‘snow birds’ have been buying vacation homes to temporarily stay in Florida from October through April every year for the last decade.
The US investor visa regime is in fact quite liberal compared with the UK. According to UKVisas, UK investor visa requirements include demonstrating a net worth in excess of £2 million and an intention to invest at least £750,000. Moreover, the investment cannot be in companies that solely manage property.
By comparison, there is no statutorily defined sum to meet the US requirement other than that the investment is substantial. Investments comprising much less than £750,000 are often approved.
The Embassy is committed to an expeditious and transparent visa process for all applicants. Our website has been improved to provide clear guidance on application requirements, including links to applicable regulations. Applications demonstrating fulfilment of all requirements for E-2 status will be promptly adjudicated. In the last 12 months, the Embassy completed processing nearly 3000 E-2 visas, approving approximately 94 per cent of the applications.
Allow me to clarify several of the issues raised in last edition’s article. There is no new system of interviews for E-2 visas. Since the summer of 2003, all visa applicants between the ages of 14 and 79 for every visa category, except, diplomatic and official, have been required to appear in person for an interview. By law, final adjudication of visa applications must be done by a consular officer on completion of an interview in person. This means that a visa application cannot be approved or rejected by letter or e-mail.
We have not stated that six weeks is the average processing time. Our website states that E-2 visa applicants can expect 12 to 16 weeks processing time if their application is submitted according to instructions.
Because E-2 visas are complex, applicants are given extensive personal interviews, often lasting more than an hour, compared to two or three minutes for a typical tourist visa interview.
We welcome the positive economic impact of British visitors and investors and continually work to streamline and improve visa processes. For more detailed information on the E-2 and other categories of visas, please visit http://london.usembassy.gov.
Sincerely,
John Caulfield, Consul General, US Embassy London.
>>>>>>>
Emigrate America says:
We would like to thank the Embassy for their response but we feel they have failed to address some key points. Most people will accept the Embassy’s right to decline any application they don’t feel makes the grade. However, the issues have arisen from the way that people have been treated when being denied, the lengthy waiting times and the lack of communication from the Embassy itself.
The general consensus amongst those who have had their business proposals rejected is that they have been made to wait unacceptable periods with their lives on hold awaiting a decision.
The Embassy states that the waiting process is 12–16 weeks. Surely this should apply to both rejection and affirmation. The nature of the E-2 application process means that people have to commit a substantial amount of money just to embark on the process of finding a business and submitting the paperwork. Even with a request for additional information people should not be expected to wait 15 months with little to no communication from the Embassy (as it was with the case stated in the article).
Finally, the nature of the rejections themselves and the behaviour of Embassy officials has been called into question. People have complained that they have been made to feel like “criminals”. We feel that these are all issues that need to be addressed.
-- If you have been affected by any of the issues raised in this or other E-2 articles please contact: ben.lewis@outboundmedia.co.uk with your story.
All of the above has been reproduced by kind permission of:
Ben Lewis
Journalist
Outbound Publishing
1 Commercial Road, Eastbourne, East Sussex, BN21 3XQ, UK.
tel: +44 (0) 1323 726040
fax: +44 (0) 1323 649249
ben.lewis@outboundmedia.co.uk
www.outboundpublishing.com