View Full Version : E2 VISA
floridapete
08-09-2004, 16:16
<blockquote id="quote" class="ffs">quote:Originally posted by juliek
ive been told by my attorney that my business does not qualify for the L1 visa as its to small so weve looked for an E2 qualifying business and found one but now im worried as he has told me that an E2 would only last for 2 years:([?] what happens then after the 2 years is up do we have to go through all this again[?] im only seeing him in 2 weeks time i cant wait until then
any E2ers out there know whats what ill be very grateful
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I'm sure that Julie (esprit) will be happy to help you understand the various and considerable ramifications of an E2 Visa but to quickly answer your question.
YES - you will have to apply to renew your visa at the end of the primary period (two year in this case) at which time your situation THEN will be judged anew regarding the success (or otherwise) of your US investment business, the employment (or otherwise) of US citizens, the 'owner benefits' being achieved by yourselves etc. etc.
Be aware also (as Julie will I am sure explain) of the implications of the E2 treaty investors visa on any children you may have once they achieve age 18 years when they will have no right to remain in the USA 'in their own right'.
Over to you Julie !
thanks pete
ive read alot of [julies esprits] posts which is where i got most of my info from hope she,ll have time for this one, im aware about the kids not having any rights etc.etc but they are still young yet so i hope we will be in a better position by the time they come of age. but with the E2 i thought as long as you ran a business with a few checks from the embassey every year or so youd just carry on but as it seems they are only giving 2 years at the moment perhaps then it may be longer and longer[:0][:0]
It doesnt need to be two years. I actually got 5 and I know a number of other people have also recently. It depends on what you buy. Something with a fair number of employees often gets 5 because of stability issues.
Yes you have to renew at the end of each period (2 or 5 years), you have to prove you are still trading, still profitable and still employing Americans. You used to be able to do that here. I heard you now have to return to the UK and wait for them to mail your passport back to you. The implications of being out of the US for that amount of time on someone running a small business is immense, especially for those of us in management who are on call out. Very ill thought out. Sorry, cant come and unblock your toilet, I am in the UK with no passport!!
E2 is a visa going nowhere which allows you to work in the US until you drop or your business folds, never becoming part of US society, always an alien with precious few rights. You say your business is too small for L1. Grow it!!! Use the money you would have used to buy your way into the US on E2 to do so. On L1, you dont have to buy anything. Its what we would have done given our time over. Your kids may be small but will be impacted eventually unless they change the law and the impact on them will be worse as they will by then be totally americanised. Imagine living here for almost all the life you can remember, all your friends are here, you have US qualifications and suddenly you are sent to an alien country you can hardly remember where you know no-one and your qualifications are meaningless. It happens:(:(:(
You can only get green card with L1 or HIb. If you can keep it running while you are away, you can get an L1 to transfer here. There are some rules on turnover etc. Getting green card from E2 is pretty nigh impossible, you would need to come in on E2 and convert to L1 while here (but the UK business would still have to be trading and meet the criteria which may get more difficult not less )or get labor certification and HiB. To do either would double your visa costs.
floridapete
10-09-2004, 15:33
<blockquote id="quote" class="ffs">quote:Originally posted by juliek
it a minefield out there
we are now going over to florida next week to actually work in the business and see if its all it says and just take our time. youd think you be able to spend honest earned money in a honest way as long as you work hard wouldnt you[msnwink][msnwink][msnwink]
[/quote]
OH no you're NOT !
If you make that kind of remark to the entry inspector you will never get past that desk and be on the next flight back home again !
If he has any inkling that your going out to 'work' in the business (even for free to and get 'acquainted' with it) he will refuse you entry.
You are just not allowed to work in any form on your present (I assume) visa-less entry. In fact you are not even supposed to be there 'looking for a business' on that basis. Your Visa Waiver entry is only for 'toursim' purposes.
So DO watch what you are saying when he asks you "what is the purpose of your visit?"
As to Julie's responses - I am very glad that she told you all of that as I get a reputation for being a bit of a 'downer' a 'Job's comforter' in matters of emigration - but it's only because I get to know of SO MANY immigration dreams that go wrong - then they call me for help ! So maybe I see only the 'nightmares' not the successes ?
But Julie has (I am sure) learned a LOT since they moved out there just over a year ago - and you may as well learn from her expensively won experience.
Possibly you do see more of the failures than the successes, Pete as the successes dont need your help. I do know of quite success stories here, in fact I myself am doing OK. But this doesnt help with the visa system that means I dont own a brick or a penny in the UK yet officially still reside there with no rights here at all. The E2 system drastically needs changing with our rights being brought in line with L1 holders as it is so inequitable at the moment, that it is hard not to be envious when you see someone who has invested less than you in the US going for green card because his brother owns a garage in the UK so managed to get in on L1 and you cannot.
ive had lots of good advice direct or indirect its nice to hear from someone like julie who is a hard worker and suceeds which i hope i will be able to help someone someday. good luck