E2 Visa questions

[mvagusta]

Hi all, this is my first post, so apologies if the questions are dumb or have been asked before.

My wife (55) and myself (48) have already applied in Sept 2007 under an I130 application for a reletive as my brother in law is a US citizen.

Given that this type of application takes a long time to process approx 7 years I believe and the fact that we aren't getting any younger, we would like to look into getting an E2 visa and then to change this to permanent status when the I130 is approved.

At present we would have a total of $150,000 to invest in a business or if we left it for a couple of years this may grow to $200,000. I know that the E2 visa doesn't have a minimum requirement but is judged on various criteria e.g investment, number of employees, etc.

My questions are as follows:

(1) Do we need to buy the business before applying for an E2 visa?
(2) Approximately how long from application does an E2 visa take?
(3) If item 1 is true, do we enter the country on the visa waiver programme to buy the business and apply for the E2 when in the country?

I guess that what we are trying to get at is what is the correct process of buying a business and obtaining an E2 visa?

[davidmartin_uk]

Hi
1 No But your funds must be commited in an escow account in the usa for the sole purpose of buying the biz
2. Allow 6 months
3. You can enter on vwp and sign contracts, put down deposit, do due dilligence etc but you have to apply from the UK.

Remember that you are allowed to borrow funds as well. Up to 50%, so your $150,000 can stretch to a $300K project. Your looking for a biz that earns at least $60-70,000 per year owner wages and employs or has the future potential to employ at least 2 usc.

Dave

[peter gold]

Find the area then type of business then come over do due dilligence , put all money with atty in escrow subject to getting E2 visa wait about 4 months for interview than book flights to paradise

Where are you looking at USA is a very big place divers in business and culture.
We have a thriving Caledonian society here in Sarasota Fl with an annual Highland games

[kirtida8]

:welcome: Some great advice already given. Good luck with your search.

[InnVic]

...but if they have already applied for family sponsorship for a green card how can you get round the non immigrant intent?

[mvagusta]

Hi David/Peter, thanks for your replies. This was really usefull information.

As we are looking for a better climate and opportunities and having been on holiday in Florida for the last 10 years (yes we are hooked) I would say that this is the area we are looking at.

Not to sure what area of Florida at present as we like both coasts and the Orlando area seems to offer a lot of opportunities.

Peter forgive my ignorance but who or what is Atty?:)

[peter gold]

InnVic
Spot on I never saw that when I first read their post.
You are right, they should have got the E2 first
. .

[britcan]

Atty is abbreviation for "Attorney"

[mvagusta]

Hi, am I reading this correctly?

By applying for the Immigrant visa we have barred ourselves from getting an E2 visa?

The I130 application was actioned on my wifes name with myself going as a husband.

If we have barred ourselves is there anyway to get around this.

The current applications for I130 visas I believe are taking 16-18 months to process then we have to wait for available visas to be available which can take years. Would I be able to apply for an E2 for myself with my wife being a secondary person on the application.

[InnVic]

An applicant for an E visa need not establish intent to proceed to the United
States for a specific temporary period of time. Nor does an applicant for an E
visa need to have a residence in a foreign country which the applicant does
not intend to abandon. The alien may sell his or her residence and move all
household effects to the U.S. The alien’s expression of an unequivocal intent
to return when the E status ends is normally sufficient, in the absence of
specific indications of evidence that the alien’s intent is to the contrary. If
there are such objective indications, inquiry is justified to assess the
applicant’s true intent. As discussed in 9 FAM 41.54 N4, an applicant might
be a beneficiary of an immigrant visa petition filed on his or her behalf.However, the alien might satisfy the consular officer that his and/or her
intent is to depart the United States upon termination of status, and not stay
in the United States to adjust status or otherwise remain in the United
States regardless of legality of status.

Hmmm maybe I was incorrect? above is from FAM...and is as confuring as usual....the italic part may give hope....you need to look up the FAM reference (google US embassy London then trawl through to E2 visa and click on link - any probs let me know and I'll find the link for you).

[mvagusta]

Hi Innvic, thanks for that reply. There maybe light at the end of the tunnel after all.

Given other posts on this forum where I have been reading that last year out of 3000+ E2 applications just over 400 were rejected, what do you think the chances are of getting the E2 visa from London?

The reason for asking is we are selling everything and depositing our money in an escrow account in the hope of getting a visa. Given our ages, it's not that easy to bounce back if things go against us.

As a relative is a permenant citizen in Florida and that is where the business will be based would a signed statement from an attorney stating that we are prepared to return to the uk when the visa expires and my brother in law will look after the business be sufficient.

On the subject of renewing the visa what is the likely hood of the visa being extended as I have read some disappointing reviews on the London renewals.

I believe the visa can be renewed in Barbados is this correct?

[InnVic]

[QUOTE=mvagusta;45428]Hi Innvic, thanks for that reply. There maybe light at the end of the tunnel after all.

Given other posts on this forum where I have been reading that last year out of 3000+ E2 applications just over 400 were rejected, what do you think the chances are of getting the E2 visa from London?

With a good plan, good business and good attorney then you should be okay.

The reason for asking is we are selling everything and depositing our money in an escrow account in the hope of getting a visa. Given our ages, it's not that easy to bounce back if things go against us.

If you can buy business subject to Visa then do it this way. There are no certainties....whats this about ages....I'm in the same age group and I feel able to bounce back! :-) (its amazing what you can do when your on the spot!)

As a relative is a permenant citizen in Florida and that is where the business will be based would a signed statement from an attorney stating that we are prepared to return to the uk when the visa expires and my brother in law will look after the business be sufficient.

A signed letter saying you will return to the UK when visa status expires will suffice.

On the subject of renewing the visa what is the likely hood of the visa being extended as I have read some disappointing reviews on the London renewals.

It depends upon the business, the profitability and the employees. If you are playing a waiting game then you could always extend status when in the US. This would mean you were landlocked but legal until the GC application is processed.[/

I believe the visa can be renewed in Barbados is this correct?
People are doing that and getting 5 year visas - the "loophole" may be closed in future but an attorney can advise.[/I]
(QUOTE]

[mvagusta]

Innvic, thanks for your reply its most encouraging.

The planning is now starting and looking on the positive side with the right business, even if we have to return waiting on the I130 then we already should have a profitable business paying a regular salary (Owner benefit) waiting for our return when the I130 is approved.

Nothing ventured nothing gained as they say.

Thanks,

James.

[worthy45]

Invic I've heard a lot about extending status in the US and thus becoming landlocked after your visa expires. Can you extend status indefinitely but never leave the US. Also if you do leave to get renewal in London and it fails do they allow you back in to sort out your business affairs and house and belongings etc?? Sorry if this is a really stupid question.

[InnVic]

I believe you can extend status indefinitley - assuming that your business qualifies. The test for renewal at USCIS in the seems to be less rigid than london, but you still must have a viable business. With regard to getting denied in London then no one knows for sure the procedure for coming back to sort out affairs. Some folk have come back in on VW to sell up - but that only gives 90 days, others have petitioned local senators while stuck in the UK and have been given a 'reprive".
This is the reason why we're selling up though - don't want to risk the Russion Roulette of another renewal. ............

[mvagusta]

Hi Innvic, I have had a look on the London site but I can't find any reference to 9 FAM 41.54 N4 mentioned in your post.

Can you send the link?

How many times have you renewed your E2 visa?

Thanks,

James.

[InnVic]

Hi Mvagusta

I couldn't find the reference either - I googled it and something relating to L visa came up - I'd bounce it off your attorney and see what they say though.
I've renewed once - thats enough. We've been here three years now and have just squeezed a visa for two. We needed 5 year visa though with no security we can't risk making the investment we need to grow this business further only to find we get denied

...so have you got an MV Agusta? My better half is bike mad and I used to ride when I was (considerably) younger. We have a BMW GS1200 Adventure. Used to know your neck of the woods quite well too, dated a guy from Kilbirnie near Largs (about a milenium ago!)

[Bayfield]

Is the $150,000 spare cash for investment after you have paid the costs of moving, buying a house seting up home etc etc?.

[Susie]

Hi all, this is my first post, so apologies if the questions are dumb or have been asked before.

My wife (55) and myself (48) have already applied in Sept 2007 under an I130 application for a reletive as my brother in law is a US citizen.

Given that this type of application takes a long time to process approx 7 years I believe and the fact that we aren't getting any younger, we would like to look into getting an E2 visa and then to change this to permanent status when the I130 is approved.

At present we would have a total of $150,000 to invest in a business or if we left it for a couple of years this may grow to $200,000. I know that the E2 visa doesn't have a minimum requirement but is judged on various criteria e.g investment, number of employees, etc.

My questions are as follows:

(1) Do we need to buy the business before applying for an E2 visa?
(2) Approximately how long from application does an E2 visa take?
(3) If item 1 is true, do we enter the country on the visa waiver programme to buy the business and apply for the E2 when in the country?

I guess that what we are trying to get at is what is the correct process of buying a business and obtaining an E2 visa?

Hi and a warm :welcome: to our site

congrats on your first posting, looking forward to more from you

In answer to your questions

1. No, you do not have to buy the business before applying for the visa, but you must have a signed contract, (offer to buy) subject to visa approval. The cost of the biz should be placed in attorneys escrow account, and at risk

or, you can do a start up biz, and have money in your own US bank account and at risk, eg, signed lease on shop contingent on visa approval.

2. Application can take from 6 to 26 weeks depending if there are any back loggs in the Embassy or they ask for further evidence

3. You can enter the USA on VWP to buy a biz, but you must leave the USA (date stamped in passport) usually before 90 days. and apply for biz visa in home country

[Susie]

Hi
1 No But your funds must be commited in an escow account in the usa for the sole purpose of buying the biz
2. Allow 6 months
3. You can enter on vwp and sign contracts, put down deposit, do due dilligence etc but you have to apply from the UK.

Remember that you are allowed to borrow funds as well. Up to 50%, so your $150,000 can stretch to a $300K project. Your looking for a biz that earns at least $60-70,000 per year owner wages and employs or has the future potential to employ at least 2 usc.

Dave


Hi

Sorry, do not understand, you say you can borrow 50% and $150,000 will stretch to $300,000 but this is 100% ???

Can I ask if you did this as I am not aware of anyone who has gone this route? or do you have a link to where this info can be found? thanks

[Susie]

...but if they have already applied for family sponsorship for a green card how can you get round the non immigrant intent?

Good question

They will have to declare on form 156 of any other visas applied for, and the rest will be up to the embassy.

[Susie]

Innvic, thanks for your reply its most encouraging.

The planning is now starting and looking on the positive side with the right business, even if we have to return waiting on the I130 then we already should have a profitable business paying a regular salary (Owner benefit) waiting for our return when the I130 is approved.

Nothing ventured nothing gained as they say.

Thanks,

James.

Hi James,

Have you engaged a visa attorney? If not it would be a good idea to do so, just a word of caution, make sure they are a member of a bar assn, and not a so called visa specialist.

IMHO it is better to engage an attorney who is trading in the US and not abroad as (if needs be) have some address with an attorney if they are trading in the USA and little to none if trading abroad.

[mvagusta]

Hi all to answer your questions.

(Innvic) I had a 750s on order for 6 months and got fed up waiting. My last bike was a zx10r. I'm now looking at getting a R1200gs or adventure due to Ewan McGregor and Charlie Boormans exploits.

(Bayfield) We have free accomodation at my brother in laws in florida as he is a citizen. So we won't have many expenses apart from flights so $150,000 will be about right. It isn't spare cash though.
We intend to sell up and start the business instead of buying a house etc. If the venture takes off then we will rent until such times as confidence in buying allows us. Our whole intention was to emigrate and buy a business hence the reason for the I130 application.

(Susie) I wasn't aware that you could do this either although I was perhaps looking at owner financing to see if that was a viable alternative. I suppose I would have to watch that the investment we made was still significant in the eyes of the London embassy.

We are fortunate that if everything goes to plan and we buy a good profitable business, then even if we have to return my brother in law can look after the business until our return on the I130.

[mvagusta]

Hi Sue, no not as yet.

If and when I do then it will be a US attorney.

As this is not spare cash, but all our assets then I am trying to plan this out properly looking at all the pitfalls to ensure that it goes as smoothly as possible.

Before selling our house and liquidating our assets I want to make sure that I have enough info to make an informed decision.

The intension was always to buy a business when we emigrated to the Usa, although I see the E2 as being a way of getting the business well established waiting on the I130.

It a pitty that the I130 applications take so long.

[peter gold]

It is my respectful opinion do NOT sell all you have to gamble your fortunes on an E2 visa especially when you have a good route in to immigrate.
If business goes bad or visa not renewed you have lost all you have
Wait

[mvagusta]

Hi Peter, the the E2 visa not being renewed isn't a problem as my Brother in law will be to hand to manage it. It may mean a few flights a year on the vwp to oversee but I doubt it.

The business going bad could happen with an E2 or I130 visa so it would be down to me to ensure that it was a good, sound and profitable one that could sustain us.

[Ray10]

Given that this type of application takes a long time to process approx 7 years ?
I think 10 years plus is a nearer figure ...

[mvagusta]

Yes, you may be right giving that it's taking 16 months just to process.

Hence the reason for the E2 visa.

[Carl]

Yes, you may be right giving that it's taking 16 months just to process.

Hence the reason for the E2 visa.

Just a point for you, despite constant batterings by certain members, some Visa consultants are as good if not better than some Lawyers, in fact the most highly rates E2 obtainer was a Visa consultant and not a Lawyer, sorry but it just gets my goat when VCs are slated for no reason. Nuf said.

[Susie]

Just a point for you, despite constant batterings by certain members, some Visa consultants are as good if not better than some Lawyers, in fact the most highly rates E2 obtainer was a Visa consultant and not a Lawyer, sorry but it just gets my goat when VCs are slated for no reason. Nuf said.

I do understand your point, but since 1988 I have only known of one good visa specialist ever, but she has since retired and a shame, trouble is, who do we trust with our money as it would be awful if another Dough Hall appeared


Members need to be aware that it is illegal to give immigration advise for reward if trading in the usa and if they employ a visa specialist trading outside the usa they have no protection with the unauthorised practice of law department within the bar assn.

[Susie]

Just a point for you, despite constant batterings by certain members, some Visa consultants are as good if not better than some Lawyers, in fact the most highly rates E2 obtainer was a Visa consultant and not a Lawyer, sorry but it just gets my goat when VCs are slated for no reason. Nuf said.

I do understand your point, but since 1988 I have only known of one good visa specialist ever, but she has since retired and a shame, trouble is, who do we trust with our money as it would be awful if another Doug Hall appeared and with respect think there is a good reason to be extremly causious


Members need to be aware that it is illegal to give immigration advise for reward if trading in the usa and if they employ a visa specialist trading outside the usa they have no protection with the unauthorised practice of law department within the bar assn.

[lorraine]

Just a point for you, despite constant batterings by certain members, some Visa consultants are as good if not better than some Lawyers, in fact the most highly rates E2 obtainer was a Visa consultant and not a Lawyer, sorry but it just gets my goat when VCs are slated for no reason. Nuf said.

Hi Carl you are correct, problem is how do people know?

We had what we thought as a good attorney for our L1 then she screwed up on the renewal, thankfully for us it wasn't a major problem we did get the renewal in the end, just took longer than expected. Lots of anxiety and heart ache included.

That said I do believe once you are here and learn how things work it is very different and most people can do their own renewals or take advice from others that they trust.

All us brits should stick together and help eachother as often as we can.

:hug:

[Carl]

I do understand your point, but since 1988 I have only known of one good visa specialist ever, but she has since retired and a shame, trouble is, who do we trust with our money as it would be awful if another Doug Hall appeared and with respect think there is a good reason to be extremly causious


Members need to be aware that it is illegal to give immigration advise for reward if trading in the usa and if they employ a visa specialist trading outside the usa they have no protection with the unauthorised practice of law department within the bar assn.

I think its a matter of if someone gets you your visa, they are wonderfull, if they dont, they are a waste of time, but that goes for lawyers as well as VCs. As we know, getting the initial visa is not the big problem, its the renewals that are, I think thats when you find out if they are any good, also a Lawyer or a VC can only work with what is given to them to work with!

[McSporran]

I think its a matter of if someone gets you your visa, they are wonderfull, if they dont, they are a waste of time, but that goes for lawyers as well as VCs. As we know, getting the initial visa is not the big problem, its the renewals that are, I think thats when you find out if they are any good, also a Lawyer or a VC can only work with what is given to them to work with!

I agree Carl, and (sorry to muddy any alliances anyone has here) - but as has been posted many times before, I dont see that anyone has any more protection using an attorney than using a consultant. I have seen many many cases of people being badly treated/badly advised and left financially disadvantaged when dealing with attorneies (and also from some VC's) in many differing legal disciplines, but in my many years I've yet to see an attorney be disbarred or even disciplined.....and I'll give a gold badged to anyone who's obtained financial recomompence from the Bar Assc to make up for their memebers incompetence. Nuff said.

[maddy]

I agree Carl, and (sorry to muddy any alliances anyone has here) - but as has been posted many times before, I dont see that anyone has any more protection using an attorney than using a consultant. I have seen many many cases of people being badly treated/badly advised and left financially disadvantaged when dealing with attorneies (and also from some VC's) in many differing legal disciplines, but in my many years I've yet to see an attorney be disbarred or even disciplined.....and I'll give a gold badged to anyone who's obtained financial recomompence from the Bar Assc to make up for their memebers incompetence. Nuff said.

If we have a complaint about these so called "professionals", who could we complain to? I am sick and tired of having come across so many unscrupulous people here, "professional" and otherwise - it's just been our luck these past 2 years!

[Bayfield]

Back to subject, I would get your spreadsheet out, detail all your costs in moving, setting up, how much you will need to cover your day to day expenses etc, a big margin for contingencies, and then look at how much is left and whether that would be enough from both a business perspective and a Consulate perspective.

Just does not seem enough to me.

[Jonathan Capp]

Hi

Sorry, do not understand, you say you can borrow 50% and $150,000 will stretch to $300,000 but this is 100% ???

Can I ask if you did this as I am not aware of anyone who has gone this route? or do you have a link to where this info can be found? thanks

If what you are saying is that you can get away with putting $150k down on a $300k business with the balance being financed on the assets of the business then this will most likely not work as it voiolates the general guideline that for an E-2 investment under $500k you have to put down 75%.

For a total investment of $500k-$3 mill , 50% down would work.

Its called the 'proportionality test'..