E2 pressure group?

[britcan]

Hi all
New to the forum but not to the way that the Brits and others seem to be having problems with E2 businesses.

In view of the number of Brits in the US- and from what I have been reading about USA and UK friends and allies, how come no one has started a pressure group to ensure that the 'special relationship' has more clout?

I should think that the lawyers for the E2 visa's in the US are not getting as much business because of the processing problems in London and US businesses not wishing to sell to Brits. Not to mention the renewal issures there seem to be.

You guys are paying taxes and medicare for something that you will never be able to claim on, why is that fair? The E2 creates jobs for US citizens and yet cannot lead to anything more, yet the US lets the southern borders be crossed with impunity and are too scared- because of the sheer number- of dealing with the illegal aliens.. whats going on here? Why is nothing being done?

Come on Brits... lets not get walked over...

[Grumpy]

Hi and welcome


Seems like you know exactly the problems we face.

We are already unted by joining this forum and agree with your views. We have a monthly committee meeting and believe it is tomorrow. The minutes are sent every month to various senators and congressmen, all sorts of good stuff is planned for the future

If you have some spare time why not offer to help the committee so they can get more vocal. Just send Susie a pm for details of the next meeting

[britcan]

Hi Grumpy

Well thanks for the reply... we appreciate it. We are Brits in Canada, now Canadians and doing the E2 in Canada to move to the USA as Canadians.

What do you mean by PM and who is Susie. I will help in any way I can.

[Bobby]

Whilst I adore the sheer sentiment of your post Britcan, it's not as easy as it may appear.

We are viewed as being intelligent enough to have known what we were letting ourselves in for, when we applied for a visa to work here.

We were told in no uncertain terms that we were non immigrant visitors, and always would be, until we'd jumped through enough red hoops and paid enough in personal and staff taxes to sink the Bismarck, and perhaps (just perhaps!) we'd be in a position to pledge our allegiance to the stars and stripes along with the millions of other people who sold their soul to the "American Dream"

The wheels churn very slowly in American politics, especially if you are a member of a group already playing by the rules. That's why this will be a long journey, but together we might be able to at least be heard.
Contribute where you can along the way. It's all good knowledge through experience.

Bobby

[Susie]

Hi all
New to the forum but not to the way that the Brits and others seem to be having problems with E2 businesses.

In view of the number of Brits in the US- and from what I have been reading about USA and UK friends and allies, how come no one has started a pressure group to ensure that the 'special relationship' has more clout?

I should think that the lawyers for the E2 visa's in the US are not getting as much business because of the processing problems in London and US businesses not wishing to sell to Brits. Not to mention the renewal issures there seem to be.

You guys are paying taxes and medicare for something that you will never be able to claim on, why is that fair? The E2 creates jobs for US citizens and yet cannot lead to anything more, yet the US lets the southern borders be crossed with impunity and are too scared- because of the sheer number- of dealing with the illegal aliens.. whats going on here? Why is nothing being done?

Come on Brits... lets not get walked over...

Hi and :welcome:

The reason nothing gets done is because up till now there has not been a fourm of this kind ever formed to my knowledge.

One thing I have learn't from living in the USA on and off since 1998 is nothing happens quickly that coupled with how we brits are too upstanding sometimes for our own good.

Well that will change, slowly but surely with the plans and wheels we have already put and getting in motion.

IMHO the E visa does serve the purpose for which it was introduced. It was only ever mean't for business people to come to the USA to set up companies, employ USC and LPR and never intended to become a LPR or USC

That being said, it is possible to change from an E visa to eventually green card. It can and has been done, but if you want this route your have to jump through hoops and every time the US immigration staff say jump, we say how high, if you see what I mean. I believe anyone coming to the US on an E visa does or should now the rules so cannot complain that they are not entitled to homstead or medicare

As for health care, if you cannot afford it and turn up at the accident and emergency room, they have to treat you by law.

We at expats voice, do have lots of agendas planned and one of which is to petiton for the children of E visa holders to be allowed, subject to good moral character to adjust status to LPR .

These children have no choice as to where their parents choose to move them too. Many arrive as infants and upon reaching the age of 21years have to find an alternative way to stay in the USA. Lots do attend college but for other children this may not be an option. They may not be bright enough to attend or parents unable to afford the cost of tuition.

If children of E visa holders are able to adjust status to that of LPR after 5 years they will be able to become USC and in turn petition for their parents to adjust to LPR

It is not widely known but it is possible to change status from an E visa to green card. I know quite a few people who have managed this including a member of this site.

If you have some spare time please review our committee meeting minutes and the rest of our site. I am sure you will agree that us Brits are starting to stand up, together and be counted.

Our site is aimed at any expatriot , from any country , currently residing in any of the 50 states of the USA or would like to, so given time our numbers will grow and become a voice to be heard and listened to

I am a bit confused, are you a brit living in Canada wanting to live in the USA?

Any help you can offer in promoting our site to expats in your area would be greatly appreciated

[Susie]

Hi Britcan,

I am the Susie mentioned and my husband and I set this site to raise awarenss of the broken immigration system and hopefully make a difference for others who follow our path. Also to petition for immigration reforms for legal immigrants and to petition for a compassionate visa. This site was set up just before he was diagnosed terminal and sadly he passed away in May this year.

It was my husband's and my wish that our family be reunited asap due to the errors and delays caused by 911, retrogression and human error.


If you would like to send me a pm (private message) click on the left by my name and a drop down box will apprear which will say send a pm

[mark]

Welcome Britcan

and well done Susie, looks like you are begining to feel ready to kick a-se again

[britcan]

Thanks- I will help in any way I can- FYI- don't even think about coming to Canada if you are White, English /English speaking and male.. see www.notcanada.com!! Its a website for people who have had some real bad experiences coming here and I would recommend anyone take a look before coming. We have been here 4.5 years and hubby cannot find work, unless you want to flip burgers for $8 (4 GBP) an hour, and the cost of living/taxes here is worse than the UK!!

[chris]

Susie,
I know where you are coming from on 'knowing the rules before you come over", but I think you are being a little harsh with that sentiment. As you know yourself, the whole immigration system is flawed, broken and overycomplicated. For the most part, many Brits coming over do research, but just how much can you do, given the system. It's impoosible to say that you can fully 100% research and be aware of everything that appertains to your Visa classification and the ramifications of living here as a non-us citizen. We all learn more as we go along and to an extent, the goalpost do move after you have arrived, mostly not for the better.
We have been here 6 years and in those days you had the home shows, and the library and that wa sbaout it. Now you have a multitude of Forums and enough data via search engines to stretch to the moon and back. Yet inspite of these improvements in information availability, we still hear off the stories that make your eyes roll in disbelief. I am afraid you will never get rid of those disasters looking for somewhere to happen.
One final comment to BritCan or should it be CanBrit? You can flip burgere for less than $6.00 an hour in Florida if you want with no healthcare to boot.

[britcan]

So about the same then $ wise... for flipping burgers. I think what my husband and are are surprised at /not really rhetorically is that E2 visa folk have to invest so much $ and that the southern border seems to be an open one..possibly to citizenship in time...yet E2 -being legally done... not the same option... sucks and thats why I suggested we abnd together and try and change things some how. We Brits have to stick together and I am sure there are enough to give a few congressman a headache.

[chris]

I couldn't agree more about the need for a united voice, but I think the reality will always be small choirs not a great big one. Why? Well, in many cases the folks who get their E2 after taking advantage of the forums advice and experiences 'disappear' off to run their businesses with their new found Visas in hand. The next time they surface is when they have problems or are getting ready for renewal. I have said this before and it will probably be one of my dying words and that is that whilst we may not have a partiuclarly big voice, the US employees of all those E2 businesses do have a vote and as such can be heard. We should be educating those employes about our situations. It's about winning hearts and minds. Many Americans have no idea about the hoops we have to jump through, so the answer is to get them out of their blissful ignorance.
Susies committee is one good example of trying to marshall that knowledge, experience and pent up enrgy and channleing it into something that can be targetted to hit its target precisely.
Rightly or wrongly the 12,000,000 have done an excellent job through their various pressure groups to bring attention to their situation. Guest worker program, fines or not, the one thing most of them will get the chance to look at is a Green Card. If you want to read a good book about the immigration problem the US has, read Patrick Buchanan's 'State of Emergency', the invasion by the third world. It makes for excellent reading. It may be somewhat to the right as Pat is a staunch Republican, but it is so true.

[Emmalee25]

Susie,
I know where you are coming from on 'knowing the rules before you come over", but I think you are being a little harsh with that sentiment. As you know yourself, the whole immigration system is flawed, broken and overycomplicated. For the most part, many Brits coming over do research, but just how much can you do, given the system. It's impoosible to say that you can fully 100% research and be aware of everything that appertains to your Visa classification and the ramifications of living here as a non-us citizen. We all learn more as we go along and to an extent, the goalpost do move after you have arrived, mostly not for the better.
We have been here 6 years and in those days you had the home shows, and the library and that wa sbaout it. Now you have a multitude of Forums and enough data via search engines to stretch to the moon and back. Yet inspite of these improvements in information availability, we still hear off the stories that make your eyes roll in disbelief. I am afraid you will never get rid of those disasters looking for somewhere to happen.
One final comment to BritCan or should it be CanBrit? You can flip burgere for less than $6.00 an hour in Florida if you want with no healthcare to boot.

Chris,
I completely agree, my parents have lived in the USA now for 7 years and have done the immigration route H1b to GC, we looked at the E2 from all the angles we could before making the leap of faith! and no where along any lines did it say "Invest all your money, wait 12 months, lose the will to live and then give it up as a bad job"
I think the reality is definately hidden/sheltered whatever term you may want to use...if people knew the truth of the current E2 farce then 95% would NOT apply! what would that do for the economy?????

Em x

[Susie]

Susie,
I know where you are coming from on 'knowing the rules before you come over", but I think you are being a little harsh with that sentiment. As you know yourself, the whole immigration system is flawed, broken and overycomplicated. For the most part, many Brits coming over do research, but just how much can you do, given the system. It's impoosible to say that you can fully 100% research and be aware of everything that appertains to your Visa classification and the ramifications of living here as a non-us citizen. We all learn more as we go along and to an extent, the goalpost do move after you have arrived, mostly not for the better.
We have been here 6 years and in those days you had the home shows, and the library and that wa sbaout it. Now you have a multitude of Forums and enough data via search engines to stretch to the moon and back. Yet inspite of these improvements in information availability, we still hear off the stories that make your eyes roll in disbelief. I am afraid you will never get rid of those disasters looking for somewhere to happen.
One final comment to BritCan or should it be CanBrit? You can flip burgere for less than $6.00 an hour in Florida if you want with no healthcare to boot.


Hi Chris,

Sorry if I came across a bit harsh, I should have made my opinion clearer as this was in no way directed at the applicant but to their so called, professional adviser's.

I agree that my own case has been a terrible disaster and we too sought professional advise, did our homework, crossed our I's and dotted our t's but still came unstuck

Unfortunately none of us will be the last to suffer and expect many more to follow suit through no fault of their own and another reason why our site is here to educate future immigrants.

[britcan]

Hi again- so glad to be able to talk with other Brits who are on the same wavelength... I have one question.. we are going the franchise route with the E2 in hubbys name... what is this I140 , is it really an option and if so how does it work please?

[Susie]

Hi again- so glad to be able to talk with other Brits who are on the same wavelength... I have one question.. we are going the franchise route with the E2 in hubbys name... what is this I140 , is it really an option and if so how does it work please?


Hi

An I 140 is what a company submits to USCIS to apply for labor cerification for an employee. If this is approved then the employee may file I 485, the go ahead for a green card application


So, if you operate a very sucessfull E visa biz, employing say 10 staff on payroll. The company will need you (owner of biz and E visa holder) in the USA on a perminant basis

So you have to separate yourself from the biz

hope this makes sense, and I have not confused you


Its like in the UK , you have a ltd company, you may own the company but you are an employee of the company

[britcan]

So do they have to be on the payroll, or can they be sub contracted , for example we will be getting together a team of regular contractors but we will not be paying them from the payroll, just as a sub contractor..

[DavidL]

Hi

An I 140 is what a company submits to USCIS to apply for labor cerification for an employee. If this is approved then the employee may file I 485, the go ahead for a green card application



Not true. A company, partnership or a sole trader files an ETA9089 in order to obtain Labor Certification for a foreign worker. If the Labor Certification is approved, the company, partnership or sole trader then files form I-140 (Immigrant petition for the Foreign worker) on behalf of the foreign worker. If the I-140 is approved, then the foreign worker may be able to file I-485 (adjustment of Status) depending on whether there are any visas available for their class and also depending where they are from.

[Susie]

[QUOTE=DavidL]Not true. A company, partnership or a sole trader files an ETA9089 in order to obtain Labor Certification for a foreign worker.

Hi David,

Can you please post a link to where you found this information, as this needs to be clarified and will run it by my immigration attoney.


As this may not always be the case

Thanks

[DavidL]

Susie,

Which facts are you dissputing?

[Ron]

Don't think Susie is disputing, just wanting to know where she can find more information on your comment


[quote=DavidL]Not true. A company, partnership or a sole trader files an ETA9089 in order to obtain Labor Certification for a foreign worker.


What is a ETA9089, never heard of that

[DavidL]

Don't think Susie is disputing, just wanting to know where she can find more information on your comment


[quote=DavidL]Not true. A company, partnership or a sole trader files an ETA9089 in order to obtain Labor Certification for a foreign worker.


What is a ETA9089, never heard of that
It's on the Department of Labor webiste www.doleta.gov &
http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm

[Susie]

Not true. A company, partnership or a sole trader files an ETA9089 in order to obtain Labor Certification for a foreign worker. If the Labor Certification is approved, the company, partnership or sole trader then files form I-140 (Immigrant petition for the Foreign worker) on behalf of the foreign worker. If the I-140 is approved, then the foreign worker may be able to file I-485 (adjustment of Status) depending on whether there are any visas available for their class and also depending where they are from.


Hi David,

I think I understand the confusion but to be sure I will need to ask my attorney

If you own the company and therefore exceptional managerial position then no need for ETA 9089 The company just files I 140 on behalf of owner and if approved then manager/owner files I 485

But, a company who wishes to employ a foreign worker who is abroad then yes, you have to go the route you mention, and other stuff, like the company has to advertise the position for xx no of weeks and prove no suitable USC could be found

Thanks for sharing the link

[DavidL]

Sue,

There are two different senarios :
1) A Us business (need not be owned by you) wanting to recruit a foreign worker. There may or may not be a need for a labor certification (depends on the applicant & the position)

2) A Us business (need not be owned by you) wanting to transfer over a foreign worker in the capacity on either an L1 or L1A visa, there is no labor certification.
Hope this helps.

[Susie]

Thanks for the info David,


I do not think I can explain myself very well , but I will try


I was only trying to let people know who bought a business on E visa one of the ways to get green card.


You are correct in other senarios, but I was trying to keep my senario simple, but somehow I may of confused people

[DavidL]

Thanks for the info David,

I do not think I can explain myself very well , but I will try

I was only trying to let people know who bought a business on E visa one of the ways to get green card.

You are correct in other senarios, but I was trying to keep my senario simple, but somehow I may of confused people


The strange thing, is that an E2 or L1 'business' can sponsor a foreign worker. The E2 or L1 business need just prove that it needs the foreign worker (and that there are no qualified Us citizens who can or are willing to do the job) plus it must be able to prove that it can afford to pay the going wage. As the foreign worker is not required to work for the Us employer until it gets the green card through, the foreign worker can continue to live & work in his/her current status i.e E2 or L1. The hard part is finding a sponsor though.

[anniefromessex]

I may be a little thick here but, say for instance that my husband started up a business over here on an L Visa (which he did), he is now finding it increasingly difficult to carry on the company as he has health problems - in that case would be be able to sponsor my son who is more than willing to carry on and build up the company and has many more plans in the pipeline which would enable him/us to employ more Americans?

Your advice would be greatly appreciated.

[Susie]

I may be a little thick here but, say for instance that my husband started up a business over here on an L Visa (which he did), he is now finding it increasingly difficult to carry on the company as he has health problems - in that case would be be able to sponsor my son who is more than willing to carry on and build up the company and has many more plans in the pipeline which would enable him/us to employ more Americans?

Your advice would be greatly appreciated.

Hi

From memory you and hubby have green card, am I correct? and came on L1 (or are you still on L visa)

Assuming the answer is yes you both have green card, then this is my reply


Providing the UK company is still trading and employing 5-6 staff and your son has worked for UK company for at least one year in the past three years then the asnwer is yes. The UK company can sponcer son for L visa to set up or run USA company.

It is important that the share ratio in both compaines is same


However




If you hubby is still on L visa and cannot work due to ill health then he no longer quailifies for L visa, unless you keep hubby on the books and pay him salary.

And if hubby is on L visa why not apply for green card?

[anniefromessex]

Thanks for that Susie, Ted and I both have Green Cards so in essence we could get Daniel out here to run the US Company, which was a start up Company from the UK Company, but in the last 6 months or more we have had to let the company run down somewhat due to the problems Ted is having. For the first couple of years the Company was doing okay, but a look at the books now would show that it isn't doing too good at the moment (even though because we have G.Cards it doesn't really matter much to us to be honest) but we want the Company to carry on trading and Daniel has lots of ideas to make it a successful Company once again, thereby employing Americans, which Immigration want, obviously; am I correct?

Thanks once again and will talk soon.

Anniexx

[Susie]

Thanks for that Susie, Ted and I both have Green Cards so in essence we could get Daniel out here to run the US Company, which was a start up Company from the UK Company, but in the last 6 months or more we have had to let the company run down somewhat due to the problems Ted is having. For the first couple of years the Company was doing okay, but a look at the books now would show that it isn't doing too good at the moment (even though because we have G.Cards it doesn't really matter much to us to be honest) but we want the Company to carry on trading and Daniel has lots of ideas to make it a successful Company once again, thereby employing Americans, which Immigration want, obviously; am I correct?

Thanks once again and will talk soon.

Anniexx

Hi Annie

Is the UK company still trading? and employing 5-6 people? on payroll

If son has been employed in UK company for one year, in the past three years in managerial post

Then yes, he can come and start up USA company, or maybe oversee the USA company that was set up for hubby