The choice is yours! Help me choose!

[iwantin]

Hi All,

I have read through some of the posts and wanted to pick your vastly experienced minds on the route I should take. My aim is to move to the USA permanently.

Option 1:
My brother-in-law(BIL) a perm res in the USA wants to open a restaurant. He wants his brother to move over and help him. I have 5 years experience working as a chef, so the application will be through me. Is the following true:
- It looks like we need to own at least 50% of the business for an E-1?
- An investment of at least $150k?
- We need a business plan and the help of a good lawyer. Can anyone recommend a good one in the UK who can help file all the papers? Preferably someone who has helped someone from this site in the past and was familiar with the ever changing regulations.
- What is the current time from applying to the visa being granted?
- How many employess do we need to hire in the USA as a minimum?
- Does the $150k-$200k all have to be cash, or can some be the money we will borrow? Can this borrowing be in my BIL's name, but I take risk? Or do I have to co-sign?

Option 2:
I work in the UK for a year in a restaurant and then apply for a L-1 to say we are opening a branch in the USA?

Option 3:
My brother-in-law hires me as a manager of the restaurant directly? What visa would he apply for? How long would this route take?

Option 4:
Any other ideas!

Thank you for your help

Nosh

[kirtida8]

I would go for option 3 if you BIL is still a UK citizen - least risk involved financially - although wait time may still be quite long as it will be an E-2 employee visa. May be able to file the application in the US which would speed up the process - but double check this.
Sorry but I used a US based lawyer, maybe someone else will be able to help you there. Good luck :tu: :)

[peter gold]

Option 1 does not guarantee permanency and may well not lead to lawful permanent residence. You need place your own funds,at risk. If a joint venture you must own more than 50% and probably best to invest between $130-150 of your own money. No Min employees but best to have at least 2 US workers.
Option 2 may not be viable as you need the company in the UK to transfer you to their owned restaurant in the US, an dthey must have traded more than 12 months.
Option 3 is possible if you can demonstrate you have the skills for the position, and the buisiness is large enough to bring you over as a manegr. Again your visa will have to be renewed and not a pssport to permanency.
The current delay for E2 and derivative (option 3 ) visas in London is up to 20weeks.
I cannot recommend UK lawyer as I always recommend specialist US attornies who are members of AILA, and practise in the area you wish to relocate. Suggest bil contacts attorney here.

[Susie]

Hi


I would recommend that your attorney is a member of the Bar assn as well as www.aila.org

[peter gold]

Susie
You have to be a member of the Bar to be able to join AILA
A board certified attorney in immigration law would be advised as well.

[v2002]

Hi I will respond to your post in points as you have two many Q posted.

I have read through some of the posts and wanted to pick your vastly experienced minds on the route I should take. My aim is to move to the USA permanently.
**Good Idea.

Option 1:
My brother-in-law(BIL) a perm res in the USA wants to open a restaurant. He wants his brother to move over and help him. I have 5 years experience working as a chef, so the application will be through me. Is the following true:
- It looks like we need to own at least 50% of the business for an E-1?
**Infact 51% minimum more the better.....But thats for E2 visa not E1

- An investment of at least $150k?
**atleast $200 would be a good start.
- We need a business plan and the help of a good lawyer. Can anyone recommend a good one in the UK who can help file all the papers?
**Have you BIL do that from USA.

Preferably someone who has helped someone from this site in the past and was familiar with the ever changing regulations.
**All attorneys are aware of changes.

- What is the current time from applying to the visa being granted?
**Depends on your LUCK some get fast some keep waitin over 15 months ...

- How many employess do we need to hire in the USA as a minimum?
**No such requirements but to start with one or two would be OK.

- Does the $150k-$200k all have to be cash, or can some be the money we will borrow? Can this borrowing be in my BIL's name, but I take risk? Or do I have to co-sign?
**You are the one needing E visa so funds have to be on your name .. YOUR RISK.
**If your brother inlaw is part of 51% you do not get E2 visa... because he is already PR so his share does not count....if he is the other 49% than yes you can get visa.

Option 2:
I work in the UK for a year in a restaurant and then apply for a L-1 to say we are opening a branch in the USA?

**You cannot be an employee and open a branch. Only employer can open branch and get the L visa, therefore you need to own that business in UK and keep it running.

Option 3:
My brother-in-law hires me as a manager of the restaurant directly? What visa would he apply for? How long would this route take?
**Look under the employment visa's .. the chef would fall under the EB3 cat...which is retrogressed ..
Option 4:
Any other ideas!
** the best is option 3... have your BIL open the business he can open business as LPR with no requirements attached .. get you on work visa H ... look into where you fall.....join him let him sponsor your GC. Thats the best option in my opinion.

[v2002]

- It looks like we need to own at least 50% of the business for an E-1?
Nosh
I missed to tell you about the E1 ...E1 is treaty trader visa not treaty investor visa thats the reason I said above that------- may be you meant E2.

[v2002]

I would go for option 3 if you BIL is still a UK citizen - least risk involved financially - although wait time may still be quite long as it will be an E-2 employee visa. May be able to file the application in the US which would speed up the process - but double check this.
Sorry but I used a US based lawyer, maybe someone else will be able to help you there. Good luck :tu: :)

:( K what do you mean?????????

:( if you BIL is still a UK citizen=====>as far as I understand he is also a LPR in USA.

:( it will be an E-2 employee visa========> How is that possible ...:D when he is a LPR how can he get E2 visa ??? he does not need ANY VISA to start businees.... and none of them can be a E2 employee in this case,
because the E2 employee can only be from USA for business in united states certainly before that happens one NEED to have a E2 business in place.......E2 visa holder can run the business in the management capacity but can't declare himself as employee of the company/business.

If you are talking about BIL opening up E2 business in london he does not qualify as he is still a UK citizen ....... as a LPR one cannot avail E treaty visa benifits unless and until you become USC.
The only way it will work is if the have business that falls under the L visa cat... or the BIL opens a business here in USa and than sponser him on work visa that is H visa.:D

[peter gold]

the best is option 3... have your BIL open the business he can open business as LPR with no requirements attached .. get you on work visa H ... look into where you fall.....join him let him sponsor your GC. Thats the best option in my opinion.

AND WAIT FOR YEARS FOR AN H1B VISA QUOTA?.
"5 YEARS EXPERIENCE AS A CHEF"..WHERE IS THE EVIDENCE OF EXPERIENCE AND OR QUALIFICATIONS FOR AN H1B.
THE LEVEL OF EXPERIENCE FOR AN H1B WHERE APPLICANT DOES NOT HAVE A DEGREE IS ..."EXPERIENCE IN THE SPECIALITY EQUIVALENT TO A DEGREE".
I DOUBT 5 YEARS AS A CHEF WOULD GET NOSH AN H1B AND IF IT DID YEARS WILL PASS TILL THE NEXT QUOTA IS AVAILABLE. NEXT YEARS QUOTA WAS FILLED IN ONE DAY AND WAS FIVE TIMES OVERSUBSCRIBED.
SORRY FOR CAPITALS JUST REALIZED.

[v2002]

the best is option 3... have your BIL open the business he can open business as LPR with no requirements attached .. get you on work visa H ... look into where you fall.....join him let him sponsor your GC. Thats the best option in my opinion.

And wait for years for an h1b visa quota?.
"5 years experience as a Chef"..where is the evidence of experience and or qualifications for an h1b.
The level of experience for an h1b where applicant does not have a degree is ..."experience in the speciality equivalent to a degree".
I doubt 5 years as a chef would get nosh an h1b and if it did years will pass till the next quota is available. next years quota was filled in one day and was five times oversubscribed.
SORRY FOR CAPITALS JUST REALIZED.
There was no need for using CAP letters peter....... Ok saw you realized it thats fine .......I will change your caps post to normal text :).
Regarding Chef..... they do fall under the H1b cat.....Specialty occupation encompasses the definition of professional. "Professional" has been previously defined to include:
(1) Accountant.(2) Acupuncturist.(3) Chef.(4) Chiropractor.(5) Computer Programmer.and so on ..........
The only thing is that as per the rules he/she must apply as soon as the H visa opens up in 2008...under premium processing.There are many schools who provide training as chef .. I am sure he has one .. if not he can focus on obtaining one.... and by the way 5 year work experience does count towards the H visa processing for the purpose of determining educational qualification in speciality professions and Chef does come under that.And under the H there are many cat H1B H2 and so on and than under H also there are EB1 EB2 EB3 and so on ..... I do not see a very big wait for a Chef to come in USa...But he better be good.

[iwantin]

There was no need for using CAP letters peter....... Ok saw you realized it thats fine .......I will change your caps post to normal text :).
Regarding Chef..... they do fall under the H1b cat.....Specialty occupation encompasses the definition of professional. "Professional" has been previously defined to include:
(1) Accountant.(2) Acupuncturist.(3) Chef.(4) Chiropractor.(5) Computer Programmer.and so on ..........
The only thing is that as per the rules he/she must apply as soon as the H visa opens up in 2008...under premium processing.There are many schools who provide training as chef .. I am sure he has one .. if not he can focus on obtaining one.... and by the way 5 year work experience does count towards the H visa processing for the purpose of determining educational qualification in speciality professions and Chef does come under that.And under the H there are many cat H1B H2 and so on and than under H also there are EB1 EB2 EB3 and so on ..... I do not see a very big wait for a Chef to come in USa...But he better be good.


Thanks for all the replies. Just to clarify..
I don't have a chef's qualification, just did that for a few years.
In option 1, It was E-2 I was meant to mention, not E-1 :)
BIL is UK citizen but a Perm Resident (LPR-Legal Permanent Resident?)

Residency would be good to aim for, but getting over there is the priority :D

Just to confirm, we can apply for an E-2 for a new start up and not one that is already running? We just need to prove the investment and some local hiring?

What is the cost of a us based immigration attorney for this type of work?

I really appreciate the help thus far!

Nosh

[kirtida8]

You can apply as a start up on E-2, but will need to do a really good 5 year business plan to be safe. US attorneys can vary hugely in price, some will charge around $6-8000 but it can be as high as $15000. Ask for a recommendation instead of basing your choice purely on cost - believe me it will save you money in the long run. This does not usually include the actual fees charged by the embassy - so remember to allow for them in your calculations for capital required, and they go up by quite a considerable amount from the end of July 2007. Good luck, I am sure others will also have lots of good advice for you.