View Full Version : Willing to answer your questions
After three years working on getting a visa ( initially L1 then E2) which culminated in us getting a five year visa last month, I would be willing to pass on tips to anyone considering the process. I am not an attorney (!!) but have gleaned a lot of information over time and it is the sort of practioal stuff that you wont find an most attorney's websites. So ask away!
Hi Julie,
Just wondering what all the basics are about visas. I believe you can go to the US for 90 days on a GB passport anyways, but what if you own a property out there (I'm thinking about buying one), are there different entitlements? How difficult is the visa process, I guess from what you are saying its fairly stringent. Any chance you can give me a rundown of the diff. types of visas...as I'm clueless.
Thanks
Neelam
OK...
Visa waiver
(90 days) essentially no visa.
B1
180 days business visa ( used for someone going over temporarily to do or source out business for a UK company)
B2
180 days tourist visa. Some homeowners and snowbirds have these. 180 days in any 360. You can get apply for an extension of up to 90 days with a good reason, but no longer. Then you have to leave the country.
E2 business visa
Needs a substantial investment ( usually seen as $100,000 or more) in a US business with at least one US employee. Business can be bought or started with a business plan and projections ( harder) Issued for either two or five years initially, then every five years. The length depends on the type of business and other factors. Can be renewed over and over as long as the business continues to trade. Partners can now get dispensation to work ( law has changed, many websites are out of date) Children can stay with you up to 21 and can attend US schools but cannot work, even part time. Does not at present ever convert to green card. No chance of ever retiring.
L1 (A and B)
Intercompany trsnsfer visa. A is for managers and B for specialised workers. Needs a business in the UK ( fairly substantial with a number of employees and a decent turnover) and a businesss ( bought or set up) in the US and you transfer between the two. Often initially granted only for a year and then for three years after. Rules re dependants above apply but note this visa can and does eventually convert to green card which solves all the problems with dependants. Have seen websites where they advise applying after the intial year though I have also spoken to attorneys sceptical on the chances of success of applying this quickly.
H1B
Needs a job offer from a US company. Capped ( only so many issued per year) Converts to green card provided the company is willing to sponsor you.
There are lots of other visas, eg for students, people in specialised jobs ( nurses, priests), persons of exceptional ability in sport or the arts etc
Oh and if you are in a position to invest $500,000 in a US business with at least ten employees in an area of low employment or $1,000,000 in other areas, you can apply right away for a green card ( permanent residency)
Neelam, just to reiterate there are no special visas if you own a property. So any thoughts of retiring to the US are just that - thoughts! 6 months max in any 12.
athurstance
11-06-2003, 17:51
Julie,
I was quite interested in the little bit at the end about investor visas. I always thought it wasn't possible to simply 'buy your way in' to the US as a resident but I've been checking this out on the embassy and immigration websites and that is essentially what it amounts to. Spouse and children are automatically eligible aswell. They give out 10,000 of these a year - no idea how many people might apply for them.
Angela
floridadreamvilla.co.uk
11-06-2003, 18:34
I was interested in that too Julie. Are there any special restrictions on business you can buy for this type of VISA?
chrizzy100
11-06-2003, 18:56
We have an English couple here who have done that...they own a hotel and tea room......If I go in there I'll ask about it.....
athurstance
11-06-2003, 19:08
John,
If you look on the embassy site there is a link to the immigration website. They have all the eligible criteria there but basically you need to be putting your million US$ into a business which will employ at least 10 people (they don't have to be US residents but they must be eligible to work in the US).
There are various criteria though and as I read it only some of them need to apply rather than all.
I couldn't find out what the areas of low employment were but can't imagine Florida is included although I couldn't find any reason you can't have a business in a low employment area and live in Florida.
I wonder how many people apply - 10,000 sounds quite a lot but I don't think it would be that hard to raise US$million so maybe it is more of a lottery than it sounds.
Angela
It is called an EB5 immigrant investor visa colloquially known as the million dollar green card. These are the requirements. You must invest
(a) at least $1,000,000, or
(b) at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and
(3) Whose engagement in a new commercial enterprise will benefit the United States economy and:
(a) create full-time employment for not fewer than 10 qualified individuals ( new jobs in addition to any pre-existing jobs) or
(b) maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months
So basically you need to either create a new business or invest in one which is going bust!! No idea what OMB is!! It is capped at 10,000 per annum. You need to raise the investment without the use of any loans and prove you have the money and where you got it from ( ie that it is not the proceeds of crime or whatever).
chrizzy100
11-06-2003, 23:11
office of management and budget.....OMB.....
Thanks Chrizzy. OK folks have been doing some digging and these are the areas in which you can invest the lower rate of $500,000 so you can get an EB5 visa and eventually a green card.
Areas in Florida that qualify as rural areas are as follows:
Baker County Jackson County
Bradford County Jefferson County
Calhoun County Lafayette County
Citrus County Levy County
Columbia County Liberty County
DeSoto County Madison County
Dixie County Monroe County (excluding Key West City)
Franklin County Okeechobee County
Gilchrist County Putnam County
Glades County Sumter County
Gulf County Suwannee County
Hamilton County Taylor County
Hardee County Union County
Hendry County Wakulla County
Highlands County Walton County
Holmes County Washington County
Indian River County
Areas in Florida that qualify as high unemployment areas are as follows:
Ft. Pierce- Port St. Lucie MSA (including Martin and St. Lucie counties)
Delray Beach City (in Palm Beach County)
Miami City (in Miami-Dade County)
Miami Beach City (in Miami-Dade County)
North Miami City (in Miami-Dade County)
Riviera Beach City (in Palm Beach County)
What happens is that you get a conditional residence visa for two years and then they give you the green card ( presumably to stop you investing and then pulling the money out as soon as you get a green card). Well folks, now just have to find the $500,000. You know when we sell our house in the UK and if we sold both our villas plus our US business...............
floridadreamvilla.co.uk
12-06-2003, 02:12
So all you need is an office in one of these areas then Julie?
Any idea which (if any) is the nearest to the Kissimmee area?
Have a look at http://quickfacts.census.gov/qfd/maps/florida_map.html for a handy map of Florida counties. I would say that Hardee and Highlands which are both to the south of Polk and Okeechobee to the south of Osceola would be the nearest areas to Kissimmee.
What about Sumter, north of Polk?
Yep and Citrus next to that, both very near to Lake county.
:D
Hi Julie - congrats on your visa!!!!
My L1 visa application is about to be submitted.
Whilst we wait for the green light (fingers and everything else crossed) I feel I should be looking to put a few things in place.
Hence do you know of any companies who offer long term (6 months) car rental, and also are there any villa rental companies who offer pool homes as discounted rates for long stays.
I've searched the internet for both of these things and can't find anything
I'd be grateful for any help or advice you can give me on these topics or anything else!
Cheers
Julie - J -
hockeymum21@aol.com
We discounted long term car hire. It is expensive. Cheaper to buy or lease and insure though you do have to sit your Florida drivers license to do so. You have to sit your test within 30 days of becoming resident in Florida anyway ( you can no longer drive in Florida on your UK license afterr 30 days residence) There are various tests for what is a resident but enrolling a kid in school makes you one. Some villa owners will accept long term rentals. However your best best is to try local realtors.
semerton
22-07-2003, 23:36
If I GO OUT FOR 180DAYS CAN I DO ANY CASUAL WORK
SYLVIA
Depends on your visa Sylvia. If you go out on a B2 visitors' visa, then the answer is no I'm afraid.