Let's fix this!

[Nina]

Hi everyone,

My name is Nina and my family and I are here on an E2 visa. I am the principal and my husband works full-time outside the business. We have one daughter in high school and one at university (on a 75% scholarship - yay!). We also have two sons, a daughter-in-law and a grandson in England.

Like most people on E2 visas, we have had a lot of problems over the 3+ years we have been here. We were heartbroken to discover that there is no avenue to permanent residence other than finding an employer to sponsor one of us or marrying off one of our daughters! The rules regarding employment sponsorship changed in July of this year and it is now almost impossible to go that route.

I have a close friend whose family are also here on E2 and we have decided it's time all E2 families got together to bring about change. We went to see Congressman Connie Mack's immigration laison officer yesterday to get the ball rolling, but we need everyone in this situation to email or write to their representatives pointing out that we create employment, receive no benefits, support our communities and have more right to become permanent residents than any other type of immigrant!

Bear in mind that, until fairly recently, the spouses of E2 visa holders were not permitted to work outside of the business. Now they can get SS numbers and work anywhere they please. This shows that it is possible to change the laws if enough people make enough noise.

Please join us, we can fix this if we work together.

Nina

[peter gold]

..."The rules regarding employment sponsorship changed in July of this year and it is now almost impossible to go that route"
Please expalin this in a little more detail.

[kirtida8]

:welcome: Nina from a fellow E-2er. Susie and this site has been working on this problem for a while now ( you can actually find a letter that was drafted ) and would welcome you to the fight. Rep Heather Wilson of New Mexico has a bill that needs a co-sponsor - so would your congressman be willing to do this? Please pm Susie for further details so that we can get action started.

Thanks for the info, and keep us posted. Where do you live?

[MrsL]

..."The rules regarding employment sponsorship changed in July of this year and it is now almost impossible to go that route"



I thought the only change was that the employer now has to pay all the fees, whereas before July these could be paid by the employee (immigration fees, attorney fees, advertising costs, etc).

[lxh11]

Hi everyone,We were heartbroken to discover that there is no avenue to permanent residence other than finding an employer to sponsor one of us or marrying off one of our daughters! Nina

Hi Nina, were you not aware that E2 was not an avenue to PR prior to moving to the US?

Liz

[byjove]

:welcome: nina to the site.

As it has been posted, we are doing our stretches an' getting ready for the fight of fights with regards to E2. hehehehehe

31/2 years ago, when we came over, we were told we could go for green card after two years taxes. found out this year that was not the case. Thats how I found this wonderful site!

[Nina]

Hi all,
Thanks for your responses. We actually discovered about the PR thing once we had found a business and started the E2 application (through a British agent in Naples, Florida called xxxxx xxxxx - NOT recommended). (edit Sue , not a good idea to name names and then accuse them of fleecing you) We thought we could trust a fellow expat, but we were fleeced. Of course, nothing was going to stop us from following our dream, but we just were not aware at the time of how many obstacles would have to be overcome in the years to follow.

Getting employment sponsorship has become more difficult because the powers that be are now much more pedantic about the rules regarding relevant experience/qualifications you may claim to have. Also, shifting the whole cost onto the employer is detrimental to the would-be employee. My husband's employer had offered to sponsor him, but after reading the new rules (available on USCIS website) they withdrew the offer. Now we're back to square one.

Congressman Mack's immigration liason officer asked why my friend and I couldn't sponsor each other - I own a hair salon and she markets medical equipment! I think we'd have a hard time proving relevant experience, but I mention this because it shows that even people working in immigration are not aware of the rules and regs - what hope has anyone else?

We have to work together to change the laws - for ourselves and for our children.

Take care all,
Nina.

[Susie]

Hi

I have just posted on a duplicate thread, so will post here also and close the the thread so we can keep all replies in one place

[Susie]

--------------------------------------------------------------------------------

Hello Nina and welcome to our site

I do agree with Innvic that parents should make themselves aware of all the rules regarding the different types and rules and regs that go with them.

But I also agree that E 2 children should have a pathway to a green card as it is not their fault as to where their parents take them to live. Also bearing in mind that H1 B children and L visa children also have a pathway to a green card and it the Dream act is passed this would allow illegal children to be documented and possible pathway to a green card.

With the help of Mun (many thanks) we have written our own draft legislation to amend the CSPA (Child status protection act) to this effect and has been passed from Congressman Dave Weldon's office up to Washington

Congresswoman Heather Wilson has also drafted legislation to amend the E visa from a non immigrant to immigrant visa subject to certain conditions being met. She has a co-sponsor and waiting for news on this.

You are correct that up to a few years ago, the dependant spouce of E2 visa could not work and the law has been changed since. This is no easy task, especially as we really do need to employ a lobbyist to help at a cost of approx $5,000 per month

Many things are going on in the background to achieve our goals and would like to invite you to our next committee meeting in the hope you can assist us.

Please feel free to pm your contact details if you would like me to contact you

[Susie]

Hi Nina,

It is a perfectly legal for any of us living in the USA to sponser who we like for a job offer.

This is not as easy as it would appear to be. We would have to go through all sorts of hoops, labor cert etc.,

Perhaps, Peter Gold or others can explain in greater detail ?

[peter gold]

PERM
In brief advertise job ( as prescribed) at the prevailing wage ( obtained from DOL) get no satisfactory US employees apply, the UK candiate is suited get DOL letter from PERM then appl to adjust status and wait several years for a green card alloation
see http://www.foreignlaborcert.doleta.gov/perm.cfm.

Trick is narrow down the applicants by the job description and requirements!

[anniefromessex]

Hi Nina, welcome to the site!! It certainly sounds as though you have the fighting spirit and Susie desperately needs that to go forward. Good luck in your endeavours.

Love Anniexxx

[InnVic]

PERM
In brief advertise job ( as prescribed) at the prevailing wage ( obtained from DOL) get no satisfactory US employees apply, the UK candiate is suited get DOL letter from PERM then appl to adjust status and wait several years for a green card alloation
see http://www.foreignlaborcert.doleta.gov/perm.cfm.

Trick is narrow down the applicants by the job description and requirements!

Whilst in principle I believe this would work unless you have dozens of employees (who are US citizens) you run the risk of throwing up red flags when E2 is up for renewal. If the E2 is not renewed then the green card application will be void. There are efforts afoot to try and make some changes to the E2 but even those changes, if approved, will not result in Green card for everyone. To anyone considering this route do not trust any so called professionals without verifying the information given. Its not difficult to find, you can buy books on it, find forums like this one, check out the US Embassy website or pick up the phone and call them. E2 visa is NON PERMANENT - its sad that people are led to believe (or choose to believe) otherwise but thats the way it is.

[Kriz1]

I think a few years ago..you could say people may not know that the E2 does not lead to a greencard...but nowadays...with the internet...there is tons of info ...its not like people making a big move like this do not know how to use search...or don't have the internet...the biggest problem is....a lot are paying someone to get them over here..someone they trust to know what they are doing...and there lies the trap...and a lot of people who would know better at anything else fall into it...

[Bayfield]

It seems odd to me, that anyonelooking to invest this sort of tme and money would not dot the i's and cross the t's.

Especially people wh are used to a business environment.

But then I have seen posts on here from people who have been told but seem to want to believe something else.

[anniefromessex]

Bayfield, if I am honest (and I am to a fault sometimes - just wish the lying ba....ds here were) then I would say if somebody wants something that much and even reading the newbies posts on here after all we tell them, ie it is not utopia, you need to be careful because you can get fleeced even though you might think you have bought a good business and somebody will run it for you and do a good job etc etc, at the end of the day they want this life so bad and have got to experience it for themselves. I think I am right in saying that unless you are very very lucky if you buy a business here and leave it in the hands of a Manager then you are going to get shafted big time. Call me cynical - but I too would not have believed it until I lived here - you cannot really trust anyone imho!!! But to get back to the original thread, unless you are lucky enough to get EB5, H1B, most people come here on E-2 or L Visas. With the E-2 (which is totally flawed in my opinion) you can spend hundreds of thousands of dollars but you never ever belong, you might work your socks off, work all the hours God sends etc etc but you are always having to fight - okay if you don't mind living your life that way, then good for you - not so bad when you are young, but just wait until you get a bit older and you don't want to fight anymore - surely we all want to be settled but that aint never gonna happen with the E-2 Visa. The only thing is these people have no other option of getting out here, so that is why they can sometimes be led astray - means to an end comes to mind.

Love Anniexxx

[Nina]

Bayfield, At the time we were researching a move to the US, I was going through a nasty sex discrimination court case with my employer of almost 20 years, the British prison service, so perhaps my mind wasn't as focussed as it usually is. My union had refused to represent me, saying I had less than a 50% chance of winning, so I represented myself and won on four out of five counts. I also have a Mensa certificate, so I am hardly stupid.

I feel there is too much talk and not enough action regarding changing the laws regarding E2 visas. This group is more deserving than any other of permanent residence because they create employment of US citizens.

I don't want to talk, I want to fight. How about you?

Nina.

[Bayfield]

I think most peole come here as spouses, maybe L and H next. E2 is a long way behind and seems to be a Florida thing.

I had no intent of moving to the US, and perhaps the E2 is not really any of my business, but I would not have touched it with a barge pole.

EB5 does not seem so bad, but you need the spare cash, not something to use your life savings on.

Most Yanks I have met are fine, shysters out there, but no worse than anywhere else. I played tennis this evening, got a card, from a Realtor....