E2 to Green Card

[Bobby]

Hi All,

I've been reading quite a bit about those who chose the E2 path and sympathise fully on the conditions and US expectations of those participating in this non immigrant, never permanent visa.

I would like to ask everyone on this horrible visa whether they thought that once they "got here" they would be able to get a green card "somehow" ??

Was that at the back of your mind? ..or were you quite accepting that the approval to work here and invest good time and money would eventually amount to nothing but a feeling of insecurity and doubt??

As this latest bill has proven, you don't even have to be legal to be accepted in the US. It's a bizarre set of circumstances. I bet those Joses and Marias didn't think that after 5 years of picking oranges, they'd receive news that they could actually end up as "citizens" !!

Bobby

[JulieC]

I came out on it knowing I would do my all to change status when I got here ( which i did), this was especially the case when the first Dream Act didnt get through. Many people come on vague hopes of spouses getting jobs on EAD and getting sponsorred for 1-140, saving up enough to go for EB5 etc. Or even vague hopes of kids marrying Amercans and sponsorring them. But most are just hoping for a change in the law, especially as it is unfair that those Americans going to the UK under the reciprocal treaty can get permanent residence. Or they came just for a little while and for the experience and not thinking of permanence and then did well here and fell in love with it and didnt wish to go back.

[DavidL]

Hi All,

I've been reading quite a bit about those who chose the E2 path and sympathise fully on the conditions and US expectations of those participating in this non immigrant, never permanent visa.

I would like to ask everyone on this horrible visa whether they thought that once they "got here" they would be able to get a green card "somehow" ??

Was that at the back of your mind? ..or were you quite accepting that the approval to work here and invest good time and money would eventually amount to nothing but a feeling of insecurity and doubt??

As this latest bill has proven, you don't even have to be legal to be accepted in the US. It's a bizarre set of circumstances. I bet those Joses and Marias didn't think that after 5 years of picking oranges, they'd receive news that they could actually end up as "citizens" !!

Bobby


I agree, it is an utter farce. I had the usual fun & games on Sunday comming back through MCO, but still, the usual Jedi mind tricks worked for me.

Answering your other question - No, I always knew that the E2 would never lead to a Green Card, however, to win it you need to be in it!! Sorry for the cheesy phrase, I mean that you need to be over here to make the connections to progress matters further. Perserverance is the key to me.

[Allan Oakley]

What amazes me about E–2 Visa holders is their of continued naivety. In the old days there was no internet. You either paid an immigration lawyer or researched the various Visa’s at the library. For a decade the internet has been loaded with USA immigration websites and yet you still hear of families moving here thinking they will magically be exempted and there is hope that this Visa leads to something. Never has and there is no plans for that to ever change. The very descriptive opening lines on the Federal Immigration websites say the E-2 is temporary. You must work, you can never retire and children over 21 years age out and must return to the country of orgin. Fair or not it is the law. No one tried to trick E-2 Visa holder in to thinking otherwise If they make such a claim then how do the explain not doing some basic research before they moved to America ?So who is to blame that the law is alleged to be unfair ? As far as I see it he E-2 Visa was designed for individuals neither qualified or having the skills to be here permanently.

[Kriz1]

I agree..but its also true that its the only way most people from the UK can get here..

People come here hoping something will change before they have to go through renewal or their kids go home..and really the US Gov has no interest in changing the visa...you go home if you don't get renewed or you follow your kids home..you sell up.. someone else buys and life goes on..

[Allan Oakley]

And who is to blame for such ignorance of the law ?
Truth be told there are many legal ways to move here but the " short-cut " E-2 Visa is used and abused by many Brit's. I feel no remorse when they are years in to their living here and suddenly discover they can never retire.To me, worse yet is the loss of a child when they turn 21 because the parent kept putting off dealing with that reality. I met one couple that paid off a family friend so their child could get married one day before that child turned 21. Now they live in fear of their entire family plot being discovered and all being sent back for the deceiptful plan to fool US Immigration. That hired spouse hardly ever spends time with their child except on weekend.Desperate measures ? I think not. They moved here when that child was 11 years old and wasted 10 years hoping the laws would change.

[Kriz1]

I don't disagree with you..it took us 12 years to get here...in fact we had just made up our minds a few years before that we were happy in the UK...but hubby was about to lose his job and one in the States came up...so here we are...
Even if we'd had the money to invest I don't think I would of gone the E2 route...I was unhappy enough with the H1B and the rules about going home if hubby lost his job..but we had a 5 year contract which said hubby would be paid for the full 5 years even if he was laid off... everything was paid for by the company ..bringing our stuff over..plane tickets..bring our moterbike over..trips over to look at homes..hotels for one month...rental for 6 months..3k to buy stuff for our new home...the buying and selling of our homes the list was endless....so we had nothing to lose...the greencard were started within a few weeks of us getting here...so I was sure we had everything covered..
The E2 is not a family visa in my books...even simi retired Brits have to work all hours again if they use it..

[Bobby]

As harsh as your posting may have sounded at first Allan, I have to agree with the content.

I've always wondered WHY on earth anyone would subject themselves to this visa and that's why I posed the question.

I know for some that circumstances dictate, and I sympathise with them for this, but I think if it were me, I would probably choose somewhere in Europe, just to keep myself sane, as I know I couldn't go through continual renewals and uncertainty of what the future holds.

Life's plan has to have a bit more solidity for me.

I am not for one minute belittling anyone here on an E-2 visa, but agree with Allan to a degree that somewhere in the research process into this new life there had to be a realisation (or not!) that this wouldn't be permanent.

Bobby

[charliesmum]

As we are here on an E2, I feel I would like to answer.

When we came out, nearly 3 years ago, we knew all the regulations that were in place and didn't feel that we were in a position to change things. We felt that we had to try out life here, or would we always have been wondering "what if?" Our kids were 12 and 10 and there was every chance we may have been happy to go back after a few years. We also had heard about the 'Dream Act', that was hopefully going to enable kids to stay if they had been here long enough and in full time education.

Now we love it here and have no inclination to go back. Our kids are both doing really well at school and will go to the best universities that we can afford for them. I believe they will change onto a Student Visa and then be able to look for, and hopefully get, a job in an american company. This could lead to them getting Green Cards and then they can stay.

Steve and I can decide whether to stay here at that time, or if we would like to move somewhere else. We don't feel any pull back to the UK.

We were also told when we first came here, that getting a renewal was easy and we would probably get 5 years then and each time afterwards. That wouldn't put a lot of pressure on us and we would keep renewing as long as we could. As we all know, renewals have now become as difficult to get as first applications, but it still hasn't deterred us from living here and wanting to stay.

We would like to see if there is any campaigning or whatever that can be done to change our situation here, but we certainly don't feel that it our right for that to happen. However it won't happen if everyone just sits around and moans.

We are still waiting for our renewal after 9 months. Once we have that, we will be looking at who can help us and how we can look at campaigning for this.

Our kids are our main priorities and we will do whatever we can - and can afford - to help them stay here, in the place that has been their home for a while. But we have always told them that we may not be able to stay as long as we want to and they are prepared to move if we have to. Yes it will be tough on them, but if there is no choice then we will at least feel we have given living here a go.

There seems to be an idea from everyone who has a Green Card - or is able to get one - that us E2ers want to rant and rage about the rules of our visa, but all the E2 people we have met feel the same as we do.

Zoe

[Kriz1]

And I get the idea that everyone on E2s thinks that people on greencards have never had any problems..which is far from the truth..most people now on greencards were on other visa's first...they could of had their kids time out..they could be of been sent home because of a job loss..10 days to leave the country if on an H1B...even when you get your cards its still easy enough to lose it...
Having a greencard is not the end of the road..it makes life just that little bit easier so you can plan ahead..but its always in the back of your mind that life could still go belly up..
We have gone through everything someone on an E2 faces...our daughter has being within months of timing out..we have faced going home because of a job loss ..our son was very happy here at the time and did not want to go back to the UK..

Lets not start putting people in different camps here...we are all Brits and we should all help each other...
it does need pointing out to new people that the rules of the E2 are plain enough the big one being this visa is temp....that is not a dig to the hundreds of people told otherwise by lawyers...or told that it was easy to renew...its just a fact...its easy to think things may just change..but people need to make those changes...and right now no-one wants to say anything incase that leads to their renewal being turned down...if the people on E2 gives us all a plan of action..I know everyone will help out no matter what visa they are on...but E2 people have to take the lead and keep the interest going..

[chris]

Is it me or do I get the impression that Alan Oakley has it in for Brits 'don't have the qualifications or skills to be here permanently','abused by Brits'. Or is Alan simply happy to work in an industry and take the salary dollars that is supported and funded in the main by Brits and keeps him in gainful employment, but still content to throw bricks at us!
Let me say I don't like that attitude, nor do I believe it is helpful in the situation.
As a Canadian Alan, pray tell us how you got here to the US?
Personal comments aside, I would however agree that there is 'an element'of truth in what you say, but only that.
The internet is a rich source of information for us all, but do not knock anyone who chooses to use an attorney or a VC as an alternative. Maybe there would not be as many immigration application problems as there are if those professionals, usually natives of the US, were honest, professional and knew what they were doing. Sadly many aren't and it's Aliens, as the US so fondly likes to describe us, who suffer. In every walk of life, people put trust in others. This term applies not just to Brits.
As far as the E2 Visa is concerned, I believe most people knew full well that the visa was a non-immigrant temporary visa, but as has been said earlier, had a belief that the rules might develop over time. You are wrong on the rules never changing Alan. In 2002 the rules were amended to allow spouses to work, so change can be affected. I would also remind him that 12,000,000 people managed to make some pretty big changes in the immigration rules recently, so once again Alan you're wrong. Immigration is by nature a very selfish act on behalf of the host country, it cherry picks and it too uses and abuses. The recent term of guest workers being brought in to do the jobs the Americans won't do. Several hundred years ago, that process was called slavery.
Alan may want to remind himself that the industry he works in (Vacation Homes Rentals) is largely funded by the investment made by foreign nationals - mainly British, that in itself provided the basis for his industry. That same industry is largely managed by foreign nationals - mainly British who have made the big move over and invested considerable sums of money to start, run and develop property management and support companies, all of which provide permanent employment situations, directly and indirectly, for US citizens, as is the requirements of the immigration criteria. So to put it in perpsective, these unqualified, unskilled abusers called Brits are actually supporting a pretty big industry and creating many jobs for Americans, especially here in Central Florida, including one for Alan himself.
As an E2'r myself, who has held senior management positions in the UK industry and run several successful businesses in the UK and in the US, I am not happy when someone starts making crass comments such as Alan made. I need not remind Alan, that should those Brits decide to move their investments out of the USA, then I think he would be posting his resume on the internet and using same for some good old job hunting, or perhaps you might like to use a Recruitment Consultant. Oh and by the way one of my companies was just such a thing, so I know a thing or 2 about that as well.
In conclusion, I would probably say that the biggest 'ticker offer' is not the temporary nature of the non-immigrant visa, but the dire treatment that the Brits receive at the hands of the Embassy in London. To say that many are treated by the officials like they are something found on ones shoe sole is not far off the mark. The sooner there is some respect around here, the better. And very finally, it has to be pointed out that in this current uncertain world climate, it is Britain that is probably THE only friend that the USA has!!!
Chris
DO NOT BASH BRITS

[Kriz1]

Its so easy to get the wrong end of the stick..and get upset about something....my blood boils when people talk like its an 'easy ride' on a greencard..it can be a long hard road..believe you me..

I'm really on the fence with this one because I see all sides..I have good friends on E2s and I know its the only way some of them could get here..it does not mean they are not qualified or lack the skills to live here permanently...most work long hard hours..have no breaks..and have endless worries and have more guts then I have....I see no reason why someone running a good company over a number of years.. who is making money and taking on American workers should not get a greencard..I see no good reason why their kids can't have work permits while their parents are on an E2 visa..I also see no good reason why if they have gone through the US school system for 5 years or more.. why the kids should leave at all..
Then again I also agree that the E2 is a temp visa and everyone should know this ..but we all know many people come here hoping things will change for them all the same...
The biggest upset in all this is the treatment dished out to the E2er..the 2 year visa being a bit of a laugh..you have to hit the ground running...and the long waits where people;s lifes on on hold...both in the UK and in the US...
I've seen many topics started about doing something about it..but they have all died out..maybe its easy to say do something..but when you're running a company..trying to get paperwork together to renew..and trying to fit in a life its not that easy to make a change come about...people are not given a fair chance..

[pags]

Is it me or do I get the impression that Alan Oakley has it in for Brits 'don't have the qualifications or skills to be here permanently','abused by Brits'. Or is Alan simply happy to work in an industry and take the salary dollars that is supported and funded in the main by Brits and keeps him in gainful employment, but still content to throw bricks at us!
Let me say I don't like that attitude, nor do I believe it is helpful in the situation.
As a Canadian Alan, pray tell us how you got here to the US?
Personal comments aside, I would however agree that there is 'an element'of truth in what you say, but only that.
The internet is a rich source of information for us all, but do not knock anyone who chooses to use an attorney or a VC as an alternative. Maybe there would not be as many immigration application problems as there are if those professionals, usually natives of the US, were honest, professional and knew what they were doing. Sadly many aren't and it's Aliens, as the US so fondly likes to describe us, who suffer. In every walk of life, people put trust in others. This term applies not just to Brits.
As far as the E2 Visa is concerned, I believe most people knew full well that the visa was a non-immigrant temporary visa, but as has been said earlier, had a belief that the rules might develop over time. You are wrong on the rules never changing Alan. In 2002 the rules were amended to allow spouses to work, so change can be affected. I would also remind him that 12,000,000 people managed to make some pretty big changes in the immigration rules recently, so once again Alan you're wrong. Immigration is by nature a very selfish act on behalf of the host country, it cherry picks and it too uses and abuses. The recent term of guest workers being brought in to do the jobs the Americans won't do. Several hundred years ago, that process was called slavery.
Alan may want to remind himself that the industry he works in (Vacation Homes Rentals) is largely funded by the investment made by foreign nationals - mainly British, that in itself provided the basis for his industry. That same industry is largely managed by foreign nationals - mainly British who have made the big move over and invested considerable sums of money to start, run and develop property management and support companies, all of which provide permanent employment situations, directly and indirectly, for US citizens, as is the requirements of the immigration criteria. So to put it in perpsective, these unqualified, unskilled abusers called Brits are actually supporting a pretty big industry and creating many jobs for Americans, especially here in Central Florida, including one for Alan himself.
As an E2'r myself, who has held senior management positions in the UK industry and run several successful businesses in the UK and in the US, I am not happy when someone starts making crass comments such as Alan made. I need not remind Alan, that should those Brits decide to move their investments out of the USA, then I think he would be posting his resume on the internet and using same for some good old job hunting, or perhaps you might like to use a Recruitment Consultant. Oh and by the way one of my companies was just such a thing, so I know a thing or 2 about that as well.
In conclusion, I would probably say that the biggest 'ticker offer' is not the temporary nature of the non-immigrant visa, but the dire treatment that the Brits receive at the hands of the Embassy in London. To say that many are treated by the officials like they are something found on ones shoe sole is not far off the mark. The sooner there is some respect around here, the better. And very finally, it has to be pointed out that in this current uncertain world climate, it is Britain that is probably THE only friend that the USA has!!!
Chris
DO NOT BASH BRITS

[pags]

chris

here, here--at last someone who is defending us so called E2'ers!!! I'm sick of hearing from those who have been here , jumped the hoops and then look at us wannabees as though we're inferior. For me circumstances dictated E2--never wanted to do it really but it was a start. Now have every intention of pursuing EB5. agree with above comments re once you have been here and proved yourself-irrespective of visa type be a fairer way to green card.
Also sick of certain opinionated people on here sounding like know its alls. When will someone come on here and mention something positive, hopeful, cheery and of use to E2'ers rather than doom and gloom

If most E2's are like me they have busineses, staff worries etc etc and further depression on here just gets you down.

Please can we have a "helpful" thread for E2's on how to go forward

[Kriz1]

I still say standing up for the rights of your kids is the first step..I know I've been told that getting the E2 to greencard would be best all round..but I still think the point about kids being sent home..is a start..and one Americans could relate too..

[floridapete]

Yes, I know that Allan likes to play this 'I don't like the Brits' bad-guy but, if truth were known (and he doesn't like it to be generally known) he actually has British blood in his veins !

Yes, Allans grandmother, I seem to remember him telling me many years ago, was a Brit !

She was from Aldershot, if memory serves and it usually does, and I heard it from another Canadian in the property management business in Kissimmee whose grandmother also came from Aldershot, that this came about because the Canadian Army was at one time during the First World War and WWII, based in the Aldershot area. So many Canadians married with Aldershot lasses - and took them back home again to breed good young Canadians.

In fact, Allan may like to catch up with his family history by reading this:

http://www.hants.gov.uk/museum/aldershot/faq/canada.html

But, seriously, I am sure that Allan does not have that much dislike for Brits as he tries to portray. Many of his greatest friends and clients are British, his employers are a British family (although they have now been over there for more than 15 years) and many of his management association (CFPMA) colleagues are Brits too.

So I think that we should just see Allans tongue placed firmly in his cheek when reading his future postings ! ;)

[DavidL]

Is it me or do I get the impression that Alan Oakley has it in for Brits 'don't have the qualifications or skills to be here permanently','abused by Brits'.

I've met Allan a couple of times and he is a nice chap with a genuine desire to help E2 ers in their plight for a better deal.

The biggest problem with email is that you can't hear the empathy in ones voice. All too often replies appear to be short & blunt. That's the price you pay for the advancement of technology.

[floridapete]

I think that part of Alan's appearance of scorn for (some) British E2 holders and their predicaments is that in the past two years he did try to set up a group to help them sort out their own visa problems. The start of a pressure group of sorts.

However, Alan found that as soon as they were asked to step up and be counted - so many of them started to back down, back out altogether, they lost interest in the plight of others as soon as their own predicament was sorted, and were generally 'afraid' of being 'seen' rather than keeping their heads down and praying for the best (some hope).

So I think that Alan lost interest in supporting them, lost interest in their moans and groans about a US system which they entered into voluntarily (nobody forced them to come on E2's) - and he has become a cynic about their attitudes.

And you really can't blame him for that, can you ?

[Bobby]

Enlightened with this information about Allan's past exploits to help E2ers who only wanted to help themselves explains more clearly the reasons for his feelings towards that group.

His comments are valid in the first place, and I agree with the majority of what he has posted about people "choosing" the path in the first place, but now it is a bit clearer for all those reading that there is a bit more background to his cynicism.

Bobby

[JulieC]

I have to say an inititiave on another forum I am on has also fallen on deaf ears. Many people iniitially interested ceased to be when it came to forming a committee. Three reasons in my opinion, fear of standing out to be counted come renewal, pressure of work limiting free time and general apathy and a sense you can scream and shout and it will fall on deaf ears so why bother. I have to say you hear increasingly of E2-ers voting with their feet. Australia. Canada, Spain, Porugal, anywhere were the system is already a lot fairer.

[Kriz1]

But if you give up its never going to change so people will be best off going somewhere else to start with...I'm all for helping anyone who is helping themselves...but once the old 'what do you know about how I feel you're on a greencard' starts coming up I lose interest....and I'm not alone in that...

[Allan Oakley]

Well, well ,well. Go away a week and stir up a hornets nest.

No disrespect for anyone.Especially E-2 Visa holders. I'm amazed any of them have such courage to hang in there in spite of all the challenges.
To clarify a few points:
- 10 years ago I came here on a B Visa that led to an L1 Visa and then to a green card.It took 5 years and four months but was worth all the effort. Very soon we will all become US citizens.One thing we did not do is come here blind. I must have spent 5 years researching how to move to America .When we moved here I was fully immersed in the American Immigration system, knew all the tricks and even knew how to manipulate the right local politicians. I am told Canadians have special treatment but we immigrated here long before that reality.We moved here due to our doing all the homework and having everything in place.

Immigration Group: I've almost blanked that travesty out of my psyche.I t all started in October of 2005 when I heard the most incredible E-2 story that rivaled Sue Ward's. I didn't actually believe it at first till I discovered the Immigration process has been brutal for E-2 Visa holders in recent years. Without going in to too much detail I said I'd help rally anyone who wanted to get involved . By early December we had 14 families rallying around a group members house at Celebration. The group was exciting and dynamic. Within a week letters and phone calls reached the Govenor of Florida so I was really excited. After all,Jeb was one step away from George W.All along I said that in no way would I participate in an activity that became a "Allan Oakley saves the world " project. If you volunteered you had better be a worker. By mid January the cracks had started and that caught me off guard.By mid Feb.2006, 8 of the 14 families backed out for reasons that I put down to nothing short of selfishness. Most upsetting was all 8 had one thing in common.They did not want their names used in the proposed report.A report that had financial backing and a list of local notables wanting to read it. They all feared drawing attention to themseleves. In simple terms they wanted the benefits of the report but none of the work. I contacted the remaining 6 families, explained the situation and that ended that. I was fortunate enough to retain dozens of hours of research the other 6 families provided.

Dislike E 2 Visa holders ? Hardly. Most of my best friends are or were E-2 Visa holders . All of the "were's" knew what to do to change their situation. What I hate is an E-2 Visa holder that openly mocks the system by having one job described on their Visa but in fact are here doing something else. I meet them all the time. Only last week i met a pool service company Visa holder who hasn't cleaned a pool in 4 years. He laughs how easy it is to fool the sytem.It's a personal thing for me. My family worked hard and did it right. Something about liars trying to fool the system that really makes me upset.

Britsh Blood : oh no... the secret is out. yes, the Oakley's are from Aldershot but moved to Canada 60 years ago.My father tells a great story of finishing with the RAF after WW2 and being out there in some British employment office looking for a new career.Across the desk was a man from India saying " tell me Mr.Oakley.... have you thought of immigrating to Canada ?" He barked back something about the guys head gear, headed down to some travel agency and bought a one way ticket to Montreal on a steamship. The rest was history as within weeks the entire Oakley family of 9 left the UK to never return again.

If I sound short or terse at times PLESE do not take it to mean anything but being too busy to write anything but the truth. May be my truth but as many of you know we near seniors lack patience .I'm happiest when I'm in my garden at Indian Ridge and left alone. Even the wife knows that's my special time. Nothing more or less.I love America and applaud anyone who works hard to be here. It truly is the only nation of unlimited opportunity left in all the world.

[charliesmum]

Allan, I tend to jump at anyone these days who says anything against E2ers. I think there are a lot of people out there who are messing up the system for those of us that just want to be here, work hard and have what we feel is a better life than we had.

We have waited over 9 months for our first renewal, only to be asked on Monday for our 3rd extra lot of further information. We run a pool business in Lakeland and only have individual customers - not close enough to Disney for property managers!! - but we feel that the Embassy is treating us as though we must have contracts with companies, as that is is their general experience.

We would love to expand our company further, but with the renewal hanging over our heads we're reluctant to do so.

Our lives here are great, though, our kids love it and we want to remain as long as we are able to.

Maybe the new wave of E2 people wanting to move here, just have to realise that things have changed and you do have to wait nearly a year for your paperwork to be processed. The idea of getting a visa in a few weeks is getting more and more unlikely, but at least if you know that you can make a better decision about how to deal with it.

Zoe

[chris]

3 Points to make.
1. Thank you Allen for your reply and enlightening us about your family history and path to the US. I'm sorry that you came from the South of England, as I come from the North of England (the best half), but that's a divide that's long been there. (Tongue in cheek). Glad to hear you're supporting the E2'r and feel the same way about the system abusers. They do no favors for any of us.
2. For Zoe. You may have seen my lengthy comments to you on the other website. Why don't you focus on maintaining your status with USCIS vis I-94 renewal and work patiently on the State Dept E2 renewal. I know that means if the visa stamp expires you are land locked, but the CIS extension gives you the 2 year revolving time span (you have to maintain them anyway - irrespective how long the E2 Visa is stamped for).
3. I may be thinking out of the box here, but if you have a corporation, that is a seperate entity to the individual (visa holder) who would be an employee of the company owned by the corporation. Surely, the corporation can sponsor the employee (you) for green card. You have to think this through as you have to completely seperate yourself from the corporation. You are NOT the corpoartion, YOU are an employee of the business owned by the Corporation. That in my book is no different to other methods of sponsoring an employee. Also, given that Florida effectively has full employment, that highlights that there will be candidate shortages in many job areas. That being the case the Labor Certification for you to do the job, should not be topo much of a problem.

[Kitty]

i dont know whether i am at the right tread but neways i would appreciate if anyone can solve my problem which is very urgent ,i am ceo of a company xxx in india for last 8 years and was also heading the international business for the same company ,now my company applied for a L1A for me in may 06 and got immediately approved cos of my intensive background of global exp .now this company has authorised me to head the usa operations right from starting the office and so on ,but the twist has come in my life ,i got married and now my wife and i do feel to start our own business in usa .this effort needs my marketing skills and her technical skills for the said our business to be a success .under the rule of l1a i cant do job for any employer while i am on l1a ,now what should i do as i shall be in usa for company xxx by june end ,pls addvice urgently ,i dont know anyone in usa and my companys attorney i fear shall disclose this to my company so i cant talk over there ....any advice guidance shall be appreciated .thanx


Hi

If you are in the USA on an L 1 visa then does your wife have an L 2 , as your dependant?

If so she will be able to start her own business.

How would you feel about her being #The Boss# ?

She would be free to work for anyone she chooses

[JulieC]

I will tell you something, Allan. That E2 owner who hasnt cleaned a pool in four years had better have someone else cleaning pools and be managing them. Coming here on E2 and doing something else entirely may have hacked it for renewal years back but they have clamped down and even bona fide businesses with people doing what they are supposed to be doing and successfully are having a hell of a job now getting renewed. So they have no long term future. If you set up another bona fide E2 business through your holding company you may be ok if you cam justify the change to the embassy but so many people now seem to be realtors which isnt a valid E2 business.

[pags]

unless you are the owner/share ownership of the real estate brokerage!

[pegasus]

Sorry Pags, we have not seen any E2s issued for real estate brokerages (in the last 2 years), if you know of some please let us know.
ref employing / sponsoring yourself, you will find that the rules specifically excluded owners or direct relatives of the owner, as does the various visa requirements as to who qualifys as a company employee.

B rgds

Neil

[Susie]

Hi

What an interesting and good thread.

It is my belief that most E holders know the score when they apply or should make themselves aware of the problems invovled

I can understand that the E visa way is maybe the quickest way to get into the USA and for some feel that it is a good way to experience # a trial run # to see if the family can fit in and adjust to the different culture. The problem occurs when every family member is happy with their new life and wish to remain and need try to find the best way to achieve this. Not all children are able for financial reasons or academic enough to attend college or university. Education and qualifications seem to be everything in the USA, without them all children will suffer

However, I feel that it is not acceptable that renewals should take so long or the fact that if approved by the service centre the whole family have to return to their home country for final approval and or stamping. This causes undue stress for the whole family. I have know parents be informed that they cannot authorize absence from school and children must be removed. Once the family have approval and return to the USA the school will take the children back but cannot assure parents and the children they will be in the same class as before.


Imho, the most important people with reagrds to the E visa situation and what needs a leglaslative fix is the issue of the children of E visa holders.
Children have no choice in their parents decision to be brought to the USA. They could be a few months old upon arrival, live here 20 years then have to find a way to stay in the USA. They are as American as the rest of the children in the block.

I believe that children of E visa holders, should have the right to apply for adjustment of status to that of LPR which can lead to a green card. Once these children have been a LPR for 5 years then they can sponcer their parents for a green card. This could/would be subject to the child being of good moral character

Although I have only met Alan Oakley once, I have every admiration for him. He has through the CFPMA (Central Florida Property Managers Assn) given up hours of his time to help all immigrants. He was trying to form a committee and I offered any help I could. I helped write a white paper on immigration issues which was to be forwarded to the Central Florida Visitors and Convention bureau. I am not sure whether this was forwarded but do know that unfortunatley Alan did not get the backing he deserved from other people.I may not agree with all he says but respect his views as he tells it like it is.

So many issues have been brought to light due to the sad and untimely death of my husband but too painful to put on the forum at this time. These issues must be addressed and welcome any assistance Alan is able and willing to give.

[Susie]

Hi Pags and David L

The E visa to green card is not easy. People say it cannot be done but maybe there is a loophole in the system that will allow it, who knows?

I can advise I am aware of one case form E to Labour cert then green card. But the case was denied first then approved on appeal.

There is a member of this site that managed to do this and hope he or she will be brave enough to post the details here. If not I will contact them to ask permission if I post details here but not name names etc.,

[Allan Oakley]

Thank you Susie
I'm amazed at your strenght these days. The white paper on immigration took a whole different direction when so many of the founding members became scared that attention was being drawn to their specific situation. I was angry at first but in retrospect I have come to appreciate that the whole immigration process is unfair if it allows legitimate immigrants to be scared of what could become their future. Sad to say at this time we are in period when after years of callousness and abuse we suddenly are dealing with a federal immigration department under great preasure to check and double check every candidate. The data in that initial report has been organized and used on several occasions to educate local media and some politicians.
That does not change the situation but I believe as time will reveal there is hope on the horizon for change.

As for helping anyone that is stuck ? I do have a soft spot but only for those that are playing by the rules and being dealt a bad hand.I'll be glad to help but don't let me find out your plight is self created. In that area I have little tolerance.

[pags]

please explain why being the shareholder/owner of a real estate brokerage is any different to that of any other business you may own, whether it be LLC, CORP,C,S or whatever???

[Susie]

Hi Pags

This is just imho, not sure if I am right or wrong or somewhere between

What your corporation would have to prove is

1. Extremly large company,employing lots of USC/LPR's These should be salaried not self employed. The USCIS may also take in to consideration sub contractors or may not. As sometimes the goal post changes but they fail to advise this on thier web site. Lots of movment in accounts and good net profit

2. The company would have to sponser you. You should have exceptionally good qualifications and/or skills which only you have and no one else etc

Any one can set up a company in the USA but what you cannot do is work for that company for a salary unless you have work authorization or correct visa

Your company will have to go through labour certification and you could concurrently filed an I 485 for yourself, spouse and dependant children under 21 years.

As someone mentioned, the USCIS is paranoid and looking at all cases with a fine tooth combe. They have nothing to loose by denying a visa or approval just pass it back to applicant and it is up to them to prove the USCIS wrong

It is the same as my sons recent B visa denial

The denial letter said " Section 214 of immigration act, states, Every applicant shall be deemed an immigrant until such times as the applicant proves to the satisfaction of the consular office, they are not "

Looks as though we are all GUILTY till we prove innocent

I beleive that the USCIS is actively trying to find ways to deny cases and put the pressure on applicant to prove its application and itself genuine

All we can do is apply and hope, as the applicants fate is in the hands of the USCIS.

There are strict time limits for an appeal if you are denied so please be aware

[DavidL]

Your company will have to go through labour certification and you could concurrently filed an I 485 for yourself, spouse and dependant children under 21 years.



Because of the retrogession which took place last year, you can only file I-140 & I-485 (AOS) concurrently if there is a visa number availaible in the EB visas. Currently there are only visas available in EB1 & EB2 wordwide and not for EB3. China, Phillipines and India have different dates.

Pags - I know where you are comming from, best thing to do is to try and find a genuine sponsor. The EB category is dictated by the qualifications needed in order to perform the job.

[Bobby]

I'll post some other relevant info on the other headings but I'll remain specific to the E-2 topic on this thread with reference to my INFOPASS visit to USCIS today.

I was categorically told that it is possible to change from E-2 to a green card by the immigration officer, with his added comments that it is "frowned upon".

His first statement when I asked whether it was possible to change from E-2 to LPR surprised me. He said, "most people on E visas do not intend immigrating to the United States". ???? what's the deal then? just 5 year sabbaticals for those from the UK??

I discussed my predicament concerning my L-1 renewal and was told that if I changed to E-2 to keep my residency status and subsequently file for LPR, that this would be considered as "fishing" and would probably be denied.

I therefore took from the question and answer that there are definitely scenarios where the transfer of status is possible. You just have to find it.

Bobby

[JulieC]

Did they indicate how to change from L to E2, how do you show the necessary investment for E2.? Do you have to be 100 percent shareholder of the L1 company to do so?? Dare I ask what predicament re L1 renewal, I thought maybe I missed a post on this?

[chris]

I've watched this thread with interest and thrown in my two pennorth from time to time. I have to say that in Bobby's original thread his comment about E2'rs coming over and the rules being the rules was completely correct (I still believe however, we should all be working to change them though). Following on from that, in his latest posting he quotes the USCIS Official's comment about changing status from E2 to LPR being 'frowned upon'. Quite simply, either this change of status facility is within 'the rules' or it isn't. If it is I personally don't give a monkey's whether some official frowns upon it or not. If their rules allow us to do it, then the bl...y officials just have to follow the rules, just as they tell us we have to. If they don't like it, then they should try and change the rules. As some people comment, the immigration farce is one big game. If you want to win, study the rules and play to score.

[Bobby]

Hi Julie,
I spoke to an immigration attorney a few days ago and one of his cases, a qualifying business with 17 employees just got turned down for L-1 renewal. We didn't discuss the whys and wherefores as it was none of my business I didn't ask. It just scared the living daylights out of me.
The petitioner in question is now pursuing the E-2 route. I'm not sure how my 4 employees and I will hold up, if cases like that are being turned away. Then you hear of others being approved with only a couple of employees.

After my visit to USCIS today I feel a little clearer about what I am able to do and what lies ahead, but I feel even more convinced that it's a hit or a miss, an absolute lottery as to who opens your envelopes at INS and what pile it goes on and subsequently who gets approved and who doesn't. Just your Donald Duck (to use a Disney rhyming slang! :))

Bobby

[JulieC]

I presume that guy is appealing?? They seem to be turning L1s down willy nilly at the moment, no rhyme or reason to it but that does seem to be a big business to have had difficulty.

[Susie]

Hi

I think Bobby has hit the nail on the head.

First of all it does seem like a lottery whether you get your renewal or referral

The second point is that it depends on which officer reviews your paperwork and lastly what mood they are in at the time

The renewal situation has got out of hand and seems there are no hard and fast rules and even if there were no one seems to know them

[britcan]

Hi Julie,
I spoke to an immigration attorney a few days ago and one of his cases, a qualifying business with 17 employees just got turned down for L-1 renewal. We didn't discuss the whys and wherefores as it was none of my business I didn't ask. It just scared the living daylights out of me.
The petitioner in question is now pursuing the E-2 route. I'm not sure how my 4 employees and I will hold up, if cases like that are being turned away. Then you hear of others being approved with only a couple of employees.

After my visit to USCIS today I feel a little clearer about what I am able to do and what lies ahead, but I feel even more convinced that it's a hit or a miss, an absolute lottery as to who opens your envelopes at INS and what pile it goes on and subsequently who gets approved and who doesn't. Just your Donald Duck (to use a Disney rhyming slang! :))

Bobby

So Bobby- just wondering how you made out with the E2 renewal.. and did anyone get tot he bottom of the E2 to greencard scenario?

[anniefromessex]

So be it Pete, but to be honest with you I was sickened by Allans posting - okay he has a right to how he feels, we ALL have, and we all have different agenda's but I totally agree with Chris. If you look at things logically which Immigration and the laws don't seem to, there doesn't seem to be an "in between" Visa. I know that probably sounds stupid, but look at it this way - E-2 is probably the only Visa where you invest sometimes hundreds of thousands of dollars in a business - this leads to nada, zilch, however you class it. Why would you want to do that?!!! Okay, you might not be too sure about living here etc etc, but there has to be something else out there that covers that scenario! I can't always put down what I feel, but you have to be pretty sure that this is the life you want before you invest enormous amounts of money in this country - (they want to see a substantial investment and that money put at risk - duh why would anyone in their right mind put huge amounts of money at risk - unless of course your name is David Beckham - sorry Dee)!!!

The majority of people on E-2 Visas come over here on that particular Visa because they have no other choice, they are sick and fed up of England - don't particularly want to go to Europe (foreign language and all that and let's face it when you get as old as I am the last thing on your mind is learning anything new, let alone a new language) - having said that I was in Home Depot on OBT on Saturday and their tannoy system was Spanish - oh well!!!

To cut a long story short, what are E-2ers to do? They never have any
rights whatsoever even though they are bending over backwards to help the economy here; the one's here who own Management Companies seem to suffer from a different set of rules to "Americans". Surely discrimination comes to mind!! They are instructed to "hire" Americans whereas Management Companies owned by "Americans" use subbies. Am I right on that, pretty sure I am but somebody will haul me over the coals if I'm not!!

Everything is on the side of America, which is really how it should be in England, but there seems to be no common sense here anymore, it is all knee jerk reactions and that is so WRONG.

Eventually the Brits here are going to rebel about their situation in this country, they might go back to England before they decide to go somewhere else, but Tony Blair in case you are reading this, THEY WONT STAY, they will look for somewhere else to go and will use England as a stepping stone to get away once again!! America will end up in the hands of the hispanics - I am not a rascist, just stating it how it is, and we can all live happily every after - without the likes of Allan posting just when he has a burr up his ar..

Sorry but his posting really got to me, we don't need sanctimonious b's putting the boot in every now and again just to appease his waspish sense of humour - we are human beings fighting against the odds and want positive postings not sh..!!

[anniefromessex]

Allan,

I'm sorry but I seem to have jumped the gun somewhat with your subsequent posting, although to be honest with you you do come across as terse and none too kind!!

Sometimes people on this site are feeling fragile and even though they should know whats what and are grown ups, who knows what else life is throwing at them at the time and they are going to respond, as I did, in a less than positive way to what seems like your unsympathetic response to their predicament.

[Bobby]

So Bobby- just wondering how you made out with the E2 renewal.. and did anyone get tot he bottom of the E2 to greencard scenario?

My renewal was for L-1 and was successful back in September '06.

I now await with the trepidation afforded all of us who have ever filed a petition for "green card".

In line with everyone else, I hope to be successful, but you just never know. You just never know.

Bobby
__________________________________________________ __
I'm still not a lawyer, and I don't know why ????
I post enough, don't I Susie???? ;)

[Emmalee25]

Did i dig a hole, crawl into it and completely miss this thread?
How very odd.....
anyway, my twopenneth, for all its worth.....
I came on an E2 because i wanted to run my own business, i was offered the H1b route, but, (aint hindsight a great thing) didnt want to be employed full time by someone else, dance to someone elses tune...etc etc etc. Hubbys degree isnt in a field thats in demand, so i had to get the H1b, he would have been H4 and unable to work.
we came into some money and so went the E2 route....time scales werent important to us as our son is only 3 (just gone 2 when we applied) and my parents are green card holders, in 4 years they will take citizenship (if the rules stay the same) and put into sponsor us, as 3rd preference it can take anything up to 7/8 years BUT our son is too young to worry about the ageing out process yet!
If we had NO route to GC i defo would not have tried E2, with hindsight i would defo have not tried E2, we spent a lot of money, more on B visa and now are going H1b anyway.....sigh....always take the long road I do....:)
My VA actually said he was no longer taking E2 cases unless it was for single applicants (no kids) or they had other means of getting GC....he even thinks the E2 no longer suits its current uses.

Em x

[anniefromessex]

Bobby,

I am sorry, I don't want to upset you, but we were only here a year, were turned down on renewal (we had been using Doug Hall at the time but changed to someone else) who appealed against the decision at the same time applying for Green Cards and within no time they had been granted, at least my husbands had - I had put myself out of status because of family illness back in England so mine was a bit longer in coming to fruition.

I have heard of people being here 5 years or more, so I guess we were really lucky to get G.C's so quickly - I'm definitely not moaning!!

I wish you all the luck in the world with yours.

[star apple kingdom]

I would like to say that according to some of these "buy a business and get a visa " Lawyers/specialists companies !!! I know that some are giving out the advice that they can buy a business to allow them to enter as an E2 and they will be able to change it to a GREEN CARD mmm i don't think so ... and i think that it is unfair to give this information out to unsuspecting Brits who are desperate to come. One woman said that a certain pool company in this area HAS gone form an E2 to a Green card.. is that true anyone? If so then MAYBE you can get a Greencard form an E2

My theory is stay at home in the UK anyway it's not that bad and you get free health care which is worth the world how ever long you wait ..surely

[InnVic]

My theory is stay at home in the UK anyway it's not that bad and you get free health care which is worth the world how ever long you wait ..surely

Actually health care in the UK is not FREE. You pay national Insurance and tax for it which for some means almost 50% of their salary It may be free at point of use - but anyone in the UK knows that you have few choices of service provider the waits are intolerable and the actual quality of care is so very variable and cleanliness and competence in hospitals is well below par.
Whilst medical insurance in the US is expensive the service we've received is first class. You are seen the same day by a family doctor - referal for hospital visits within a few days and full choice of doctor hospital time etc..

[chris]

You sound just like a Republican InnVic!
I agree with you to a point. Yes, UK healthcare is not free as we do pay for it through compulsory contributions. If you opt for UK private care, then you pay twice.
However, with over 40,000,000 Americans (not counting foreigners) who are without health insurance for all sorts of reasons, the quality care and choice of doctors is a dream to many here. That's why the ER facilities are so stretched in the US.
A few months ago, the BBC published a report on the 'quality' of healthcare on both sides of the pond. Surprisingly, the UK, despite all the knocks on the NHS came out better than the US in terms of healthiness of the population and relative value for money on care. it said that professional Americans were no more healthy than the average UK Joe, in some cases less, despite access to healthcare with all the whistles and bells.
But having said all that, it has got absolutely nothing whatsoever to do with E2'rs getting GC's!!!

[Jax]

We came on an E2 visa because we had no other way of getting into the USA, We have no children but at some point in our life we would like to retire.We run the business our E2 was set up to run with have 12 employees after two and half years and at the moment are sitting landlocked waiting for a date from the embassy for our renewal.Not all of us break the rules web just would like some light at the end of the tunnel Jax

[optom3]

Hi,new to this forum but post on another.Briefly we came over on an E2 after 2 plus years of research.Both myself and husband are educated to degree level in fact I have 2 degrees one in Biochem and one in Optometry.We could not find any company to sponsor us over here,in my case because I had been out of biochem for some years,and unfortunately having run my own Optometric practice in U.K my optom.degree is not recognised here.In fact the U.S is the only country where I cannot practice.
My husband was a broker for pretty well all motorsport in the U.K but with no international branch in th states only South Africa which we did not fancy.
We decided therefore the E2 was our only route and arrived 1year ago with our 3 children.
WE are going down the route of E2 to EB5 via the million dollar investment avenue.So there is a route from E2 to EB5 but you have to have invested 1million dollars,then if it is not a new business and ours is not,you have to increase the staff or turnover by 40% this means 7 extra staff for us ,plus an additional 10 full time staff and restructure and reorganise the business so that a new venture results.This we will be doing by building 4 more shops under the corporation.
We have liquidated everything we had in the U.K and have worked extraordinarily hard to try and bring this about.We have no guarantee of success as this is a relatively untried route.Our attorney knows of only one other case that went this route,but it did lead to the sacred G.C.
We only have the visa in one name because another family who attempted this route were turned down as the visa was in 2 names and therefore the investment should have been 1 million each.
We left behind a good life in the U.K for our new life here and have no regrets.The children love it and if our attempts to convert E2 to Eb5 and green card fail,then at least we tried'
Never at any point did we think it would be easy,but it was a chance we were willing to take.You do not invest that sum lightly.I can tell you.Neither do I consider either myself or my husband unskilled or unqualified.
If all else fails I will convert my degree here,but as we live in Sarasota and the only optometry school is in Miami,I am not keen to try this yet.
I know personally of Brits who have abused the E2 system and it enrages me.I suspect that in part is why so many others are now being put through the mill.
So the answer is yes there is a bona fide E2 to GC vIA EB5 route but it is very expensive and very very hard work.By the time we apply we will have added an additional 17 members of staff to our business and probably gone grey.Would I do it again, yes but it is scary at times and if it fails then I will just try another route.One thing for sure is we will not be returning to the U.K on a permanant basis.
Our healthcare here ,to allude to another thread is not much more than it was in the U.K.By the time I had paid top rate tax and directors NIC and then private health on top we are not much more out of pocket.I realise I will annoy several people now,but it annoyed the hell out of me to pay maxm NIC as a director for an NHS that I never used then to add insult to injury to pay top rate tax on my private health.
Also here our tax rate is much lower so ,yes we work very hard but we get to keep more of it and I am not subsidising a system I never used.We love this new country and for the sake of our children will do everything in our power to ensure their future here.
I still believe that all those here legitamately on E2 visas should be given the chance at a green card and will watch all future developments with interest.I also strongly believe that the majority came here as it was their only option ,that does not mean that maybe they thought over a period of time things might change.Foolhardy,maybe but it is in the nature of most to be optimistic.
Things change continually in all aspects of life .I for one would happily support any move towards a change no matter how small.I do not support those who knock any attempt to change things by others,whilst doing nothing themselves.
If I have annoyed or upset anyone ,then I apologise,but sometimes it is better just to say it as it is.

[mark]

Hello Optom3 and welcome

What a post and so informative and seems like you really have worked hard at finding out how to achieve your dreams and this information will give hope to others.

[Kriz1]

Hi optom3 and welcome...:welcome:

You have more guts then we do...we keep putting off moving State because nowadays everything seems such a lot harder and a little scary...maybe its just age...I wish you all the luck in the world...

[Bobby]

Welcome to the site Miss Optometrist,

You're kinda right by what you say about E-2 going to EB-5, but not quite what is understood by most of us on this site as to a natural path to green card.

If we thought that it was going to take only $500,000 (which is the minimum investment under EB-5 rules) to take us to a guaranteed Green Card, then why bother investing in E-2 to begin with????? ...what with the constant scrutiny on employees, income, profit and loss and projected profitable business plan, what would be the point, if it was as easy as just putting some money up front??

OK, so here we have it. I like the way you like to tell it like it is. I'll match you here:

If you successfully get a green card as easily as you have portrayed above, then I'll eat my shorts, as they say!

Bobby
__________________________________________________
Just telling it like it is! .....as usual.

[peter gold]

PM me I live in Sarasota as well, and would love to see a successful EB5.
You are not going from an E2 to EB5 as I understand it. It is a fresh extant appliction.

[Susie]

Hi Optom3 and :welcome: to our site

Thanks for sharing your story, I do not think you will upset anyone all you are doing is telling your story like it is. I agree it does seem as if some are trying to adjust the visa system to suit their needs or wants but imho the only way to avoid problems with either new visa's or renewals is stick to the requirements to the letter and not try to get round the system

There is another way, you can (if you have a sucessful biz ) get the company to sponcer the main visa holder for I 140 and if approved then you can apply for the green card

[optom3]

Welcome to the site Miss Optometrist,

You're kinda right by what you say about E-2 going to EB-5, but not quite what is understood by most of us on this site as to a natural path to green card.

If we thought that it was going to take only $500,000 (which is the minimum investment under EB-5 rules) to take us to a guaranteed Green Card, then why bother investing in E-2 to begin with????? ...what with the constant scrutiny on employees, income, profit and loss and projected profitable business plan, what would be the point, if it was as easy as just putting some money up front??

OK, so here we have it. I like the way you like to tell it like it is. I'll match you here:

Hi,the $500,000 and million dollar investment EB5 are completely different.With the 500,000 you are not an active participant in the venture.I have always been sceptical about this route.Seattle scheme etc.We chose the million dollar route because it gave us an income to live off whilst we ran the business.We did not go directly for an EB5 as we were unsure untill we were actually out here whether we would be able to meet all the criteria,namely the substantial increase in staff nos.
Now we are here the way forward has become clearer.Certainly not easy but just about possible.I found a copy of the field adjudicators handbook which outlines all the criteria for this route(boy was that a rivetting read ,yawn)and with that information we started to think of how we could achieve the EB5.
our big difficulty is that when it is not a new business,there are very strict criteria.However briefly if the investment was made post nov.1990 then you have 2 routes,1)restructure or reorganise so that a new enterprise results,and at the same time employ 10 additional FULL TIME U.S citizens 2)Expand and increase nett worth by 40% either monetarily or with 40%more staff PLUS the additional 10 as well.With the benefit of hindsight we would have gone straight for the EB5 route but we were so unsure of being able to meet the criteria at the time it was not a viable option.
I must add that this is not without risks as we will be raising money against our land to put up the additional shops and hence employ all the extra staff.However if nothing else we will end up with a business that is worth more than when we bought it.
We do know of one case,not hearsay,where this route has worked.The original purchase was a stables and this was then restructured etc,to include a riding school so it has been done.It is as said before not a very well trod route.
The 500,000 route is much more popular,but you don't get any real income from that.You basically hand your money over into an area of substantial poverty and that money is used to provide employment.You then get a 2 year conditional green card.Only time will tell if the conditions are then removed.Allegedly the first are due June/July.It was not the route for us though.
We will renew (hopefully) ourE2 and then apply for adjustment of status.Our attorney is willing to go the distance with us in view of the recent success of another case and we will just have to see what transpires!
The criteria unlike for the E2 or indeed the 500,000 EB5 are very clear and we will have fulfilled them by the time we apply.The adjudicators handbook was tedious in the extreme but very black and white.It was also very interesting to see what they are looking for with the applications.
The biggest stumbling block is our change from non immigrant to immigrant status,but then there are other visas where you can do that so I believe we have a valid case.
To be extra careful we have gone with worst case scenario in that one attorney told us it is either 40% extra staff or 10 whichever is greater.The other said it is 40% plus 10 so that's what we're doing.
Sorry this is so long ,but I thought it may provide info. for others.There appears so much confusion over the 2 EB5's AND THEY REALLY ARE QUITE DIFFERENT.One is a passive investment you hand over 500,000 cash which is invested in one of the various schemes,and if you are lucky maybe get 3% return on your investment,and a contional 2 year g.c, the other is active.you physically buy a business new or existing(different rules for both)for a million dollars cash ,no loans and then run that business have your income from it but substantially grow it(see above)and apply for change od status!!!It's all about providing substantial increases in jobs full time for U.S. citizens.Also the jobs have to be maintained.
I don't therefore think it is easy,far from it .There is of course no guarantee either,but we have researched it in the most minute detail and all we can do is give it a try.Faint heart and all that.Like I said previously if we had known in advance we could definitely have met the criteria we would have applied then ,but we didn't and it was too big a risk as you only have 2 years to comply.This way we stay on the E2 and give ourselves a little more time to meet all the requirements.
If we succeed then it gives a route for others,if we don't then look on the bright side you wont have to eat your hat!!!!



__________________________________________________
Just telling it like it is! .....as usual.

[optom3]

Apologies to Bobby ,I seem to have added my reply to his post,not sure how and bet I couldn't do it again.Have to lay off the gin next time!!!

[Munish]

Welcome Optom3,

I would not worry about upsetting other members. I've done it enough times. LOL.

As for UK taxes. YES!

Good luck with upgrading you business to EB-5 and even if you dont't quite make it you'll still have an E2 business in any case and may be with the reform effort you won't even need to worry about EB5.

I'm sure your opinions on the issue will be very much valued.

Best of luck.

Munish

[SHEILA 13]

Hi and:welcome: to the Forum.
It was very interesting reading your post,it makes a refeshing change to read somones story who has a different buisness to the normal "run of the mill".
Good luck for the future.
Sheila:)

[optom3]

Hi and:welcome: to the Forum.
It was very interesting reading your post,it makes a refeshing change to read somones story who has a different buisness to the normal "run of the mill".
Good luck for the future.
Sheila:)

Hi and thanks for all the kind welcomes.
I should say that our business is a supermarket sat on 3 acres.We bought it because after much research I discovered grandfather rights on the land which allows for 7 units to be there.This meant we could put up some more shops increase the staff re EB5 requirements and also restructure and reorganise so that the new business results.
We also have a shack on the land which used to be a cafe which we planned to do up and then reopen.Along came the council and slapped a demolition order on it.In the course of yet more research I discovered if a building was more than 50 years old they have to try and preserve it and the building codes are far less stringent.More leg work unearthed dated photos of our managaress in front of said shack as a girl 57 years ago, back to the council!!!!Demolition on hold now.
We are using 2 attorneys herer for the EB5 our original one .another who I email to as I discover more from the adjudicators handbook and yet a third in London who is acting F.O.C they have agreed to do this as it is a learning curve for them,having previously only dealt with 500,000 EB5 not the 1 mill.
My advise to anyone trying to move to the states is meticulous research and trust no one.I have discovered things even our attorney did not know and he is a good one.I have become nearly an expert in EB5 law,planning rights,grandfather rights,you name it.I have also nearly died of boredom from some of the documents I have sat and read.
Our reasoning behind a retail business was permanant staff,and money in money out.No waiting for payment.We have since sublet part of the store for a cell phone franchise,taken on a late bill pay facility,added fish to our market and even rent out part of the carpark,to a couple who bbq and to a guy who sells shoes!!!!
We joined the chanber of commerce,take on people from an organisation called the front porch scheme(like a half way house) and also have taken on ex alcoholics and drug addicts.Thereby taking them off benefits and hopefully making us look good in the meantime.
We already have 6 businesses waiting for the new units when they go up and the couple who bbq in the carpark will rent the shack when we eventually do it up.
All the employees in the new units will go down on our pay roll for the purposes of the EB5 in return for a profit share and reduced initial rent.So that covers that base.All this in one year with 3 kids 2 cats and 2 dogs!!!!
So I would say again you have to work like a dog,be inventive,network 24/7 and be prepared for several knock backs.
I never thought when I left university and started in practice in the U.K that one day I would be drug testing staff in a supermarket in Bradenton!!!
However I always knew it would be hard here and that is why I did so much research and am still doing so.
I realise that we may well not get the EB5 but it wont be for a lack of trying and we will be following the law to the last full stop and comma.Hence the tedious task of reading the adjudicators manual.I wanted to see for myself what we were going to be judged on and what criteria these people have to use to justify a refusal.
To all those out there please think long and hard about how you tackle the move and your long term goals.I love a challenge so it suits me fine,but it is not for everyone.There are so many hurdles you sometimes forget why you came here.We always take the weekend off and do something with the kids even if its just running them to yet another tennis tournament,gymnastics meet or soccer game on Saturday and the beach on Sunday.
You have to have nerves of steel and the tenacity of a terrier in a rat hole.You also need more money than you initially thought,and you need to be cheeky.I have got so much free advise from attorneys just from asking or emailing.
Sorry this is so long but there may be snippets that will help others.I have been greatly helped by others on the florida forum and others.So if this monologue helps someone so much the better.Anyone can pm me if they feel I can be of any help.
I have the greatest admiration and respect for Peter and Bernadette on the florida forum and what they are trying to achieve for E2 ers and also for Ray on British expats for his advise and recommendations.This is certainly not a move for the faint hearted or for people thinking how nice it would be to come and sit in the sun.It is not a holiday it is a constant uphill struggle in a foreign country, with different laws and rules and it is to say the least a tenuous situation for most who attempt it.
However I worked very hard back in the U.K so why should it be any different here and my kids have a much healthier active lifestyle which they love.I would never return to the U.K even if it does not work out here.People may criticise me for having such a down on my birth country,but I paid obscene amounts of taxes for years,only to watch it being handed out to all and sundry.I have watched in horror as people from other countries have come over on holiday to get their cataracts done free(its even called the cataract holiday now!) whilst my poor old pensioners waited 2 years!!!TRuth not hearsay.I could rant for ever but this is not the place for it.I will sign off by wishing all on whatever Visa or path all the luck in the world.

[peter gold]

Good post and keep it up setting a great example of playing by and with the rules

[optom3]

Final words "ILLEGITIMI NON CARBORUNDUM" !!!!!!!!!!

[Bobby]

Hopefully not final words, on here!!

Your case is such an interesting one, that I'm sure I speak for every reader here, when I say that we would love to be kept up to date with your progress as things move forward towards your green card.

Bobby

[McSporran]

Brilliant posts Optom3 - please keep us posted on your progress, and I wish you all the luck in the world. :)

[Susie]

What a fantasic post, thank you for sharing. Moving to the USA is not for the weak or faint hearted, It takes gumption by the ton, nerves of steel by the hundred weight and the paitence of 100 saints.

Totally agree about immigration attornies. I have dealt with so many since 1990. and got to know loads but to me it appears that most are like GP's as we know in the UK. They have a general knowledge of immigration law but anything out of the box and problems spring up that the adverage attorney just does not know how to handle. It is so hard to find the most appropriate attorney that is half way on your way length or has knowledge of special circumstances.


Please do keep us all imformed of your progess were all routeing for you

[byjove]

Hi

What an interesting and good thread.

It is my belief that most E holders know the score when they apply or should make themselves aware of the problems invovled

I can understand that the E visa way is maybe the quickest way to get into the USA and for some feel that it is a good way to experience # a trial run # to see if the family can fit in and adjust to the different culture. The problem occurs when every family member is happy with their new life and wish to remain and need try to find the best way to achieve this. Not all children are able for financial reasons or academic enough to attend college or university. Education and qualifications seem to be everything in the USA, without them all children will suffer

However, I feel that it is not acceptable that renewals should take so long or the fact that if approved by the service centre the whole family have to return to their home country for final approval and or stamping. This causes undue stress for the whole family. I have know parents be informed that they cannot authorize absence from school and children must be removed. Once the family have approval and return to the USA the school will take the children back but cannot assure parents and the children they will be in the same class as before.


Imho, the most important people with reagrds to the E visa situation and what needs a leglaslative fix is the issue of the children of E visa holders.
Children have no choice in their parents decision to be brought to the USA. They could be a few months old upon arrival, live here 20 years then have to find a way to stay in the USA. They are as American as the rest of the children in the block.

I believe that children of E visa holders, should have the right to apply for adjustment of status to that of LPR which can lead to a green card. Once these children have been a LPR for 5 years then they can sponcer their parents for a green card. This could/would be subject to the child being of good moral character
Although I have only met Alan Oakley once, I have every admiration for him. He has through the CFPMA (Central Florida Property Managers Assn) given up hours of his time to help all immigrants. He was trying to form a committee and I offered any help I could. I helped write a white paper on immigration issues which was to be forwarded to the Central Florida Visitors and Convention bureau. I am not sure whether this was forwarded but do know that unfortunatley Alan did not get the backing he deserved from other people.I may not agree with all he says but respect his views as he tells it like it is.

So many issues have been brought to light due to the sad and untimely death of my husband but too painful to put on the forum at this time. These issues must be addressed and welcome any assistance Alan is able and willing to give.

I think this is sooo true!!