View Full Version : right to run a business before E2 approval?
Does an applicant of E2 visa living in US have a right to run on own risk a business before getting an approval from USCIS on E2 application?
In past I was always starting to work on H1 after applying to USCIS but before getting an approval.
Is same practice acceptable with E2?
In other words can I do the following?
Apply on Feb 1 to USCIS on E2 and on Feb 3-4 start running/working in a new business, described in application to USCIS?
Can you please accompany an answer with a source?
Doesn't it depend on what visa (or not) you're currently using?
I only know the situation for the British and, in order to stay in the USA longer than 90 days, they have to apply for a B1 or B2 visa.
I think you're on another type of visa? It would depend on the regulations relating to your own visa.
<blockquote id="quote" class="ffs">quote:Originally posted by blott
Doesn't it depend on what visa (or not) you're currently using?
I only know the situation for the British and, in order to stay in the USA longer than 90 days, they have to apply for a B1 or B2 visa.
I think you're on another type of visa? It would depend on the regulations relating to your own visa.
[/quote]
I am on H1B business visa, which will expire soon.
If I will apply for E2 before expiration of H1, may I run a business, described in my E2 application?
As far as I can tell, H1B only allows you to work for a specific employer and not run your own business. Once you have left that employer, then you would have to apply, as far as I can see, for an interim visa, ie B1 visa.
While in the US as a business visitor, an individual may:
Conduct Negotiations
Solicit sales or investment
Discuss planned investment or purchases.
Make investments or purchases
Attend Meetings, and participate in them fully.
Interview and hire staff.
Conduct research.
The following activities require a working visa, and may not be carried out by business visitors:
Running a business.
"Gainful employment".
Payment by an organization within the US.
Participating as a professional in entertainment or sporting events.
Obviously there is a considerable 'gray area' in between what definitely is allowed and what definitely isn't. It is advisable to err on the side of caution when bringing overseas persons into the USA on business visitor visas. However, in certain strictly limited cases, paid employment may be possible using a 'H1B'
Those entering on visitor visas will generally be granted 6 months admission (the maximum allowable is one year) on entry. It may be possible to obtain a six-month extension to the visit visa as long as the candidate will be maintaining visitor status, and there are good reasons to do so. It is sometimes possible to change status to another longer - term visa whilst in the US as a visitor, as long as the candidate advised the relevant US Embassy or Consulate of this possibility beforehand, or there was no pre-conceived intent to do so.
http://www.workpermit.com/us/employer_b1_b2.htm
florida4sun
28-01-2007, 14:31
You can 'over see' the business but not get paid. Its called checking on your investment. However you will need a valid visa to be the country.
If you are running the business without the E2 they will want to see how your are able to support yourself without getting paid from working. In the current climate this is very tricky.
You really need to take proffesional advice on what to do. Whilst we have people on here who have been through visia applications, it differs from case to case. Every E2 application I know of has had major problems and/or lost its renewal. Often withno explanation as to why.
<blockquote id="quote" class="ffs">quote:Originally posted by bvahan
<blockquote id="quote" class="ffs">quote:Originally posted by blott
Doesn't it depend on what visa (or not) you're currently using?
I only know the situation for the British and, in order to stay in the USA longer than 90 days, they have to apply for a B1 or B2 visa.
I think you're on another type of visa? It would depend on the regulations relating to your own visa.
[/quote]
I am on H1B business visa, which will expire soon.
If I will apply for E2 before expiration of H1, may I run a business, described in my E2 application?
[/quote]
<blockquote id="quote" class="ffs">quote:Originally posted by bvahan
Does an applicant of E2 visa living in US have a right to run on own risk a business before getting an approval from USCIS on E2 application?
In past I was always starting to work on H1 after applying to USCIS but before getting an approval.
Is same practice acceptable with E2?
In other words can I do the following?
Apply on Feb 1 to USCIS on E2 and on Feb 3-4 start running/working in a new business, described in application to USCIS?
Can you please accompany an answer with a source?
[/quote]
For H-1B you apply anytime after 1 april
for an Oct 1st start ...it would be illegal to start before then
No
No....appplications go to the consulate in your country
for a visa ...If you country is on the list that E-2 are available too.
USCIS cannot issue a visa, they can only
extend your I-94.. Visa are only issued by the Dept of State
(i.e. a Consulate)
I think trying to run an E2 business prior to getting your visa is asking for trouble. I know of one British couple who did that and the US embassy was "very unamused". I haven't heard what happened to their E2 application but they were very pessimistic and glum after the cross-examination grilling they got from the embassy about their business operations.
florida4sun
07-05-2007, 21:07
More than likley they styed here for the the full term of the VW or B visa, which is frowned up now. We lived on a visa waiver for nearly a year, but they have stopped all that now. The thing these days is not to give the embassey any reason to question your application, they will and od pickup on the slightest thing. even perfectb applications will see long delays and the constant request fro information they already have.
<blockquote id="quote" class="ffs">quote:Originally posted by Osceola
I think trying to run an E2 business prior to getting your visa is asking for trouble. I know of one British couple who did that and the US embassy was "very unamused". I haven't heard what happened to their E2 application but they were very pessimistic and glum after the cross-examination grilling they got from the embassy about their business operations.
[/quote]
People going in and out every three months on visa waiver while waiting for their visa are coming up against it when they eventually get to their interview for their visa, certainly in London. A presumption is made that they have been working on visa waiver. The important thing is not to get paid and to keep a manager so you can point to someone else and say he was running the business, i was just overseeing him. The other thing people in this situation are doing are putting their kids in school, this is a big no no. The embassy really prefer people to do things traditionally and wait in their home country with their money in escrow and not try and buck the system.
Hi Julie
I know of a couple who did exactly as you have said and still got their E2 approved !!!!!! Amazingly this couple who have just bought out my man co went to Florida in january on a VWP with their 2 teenagers put them into Celebration school then had to come home after the 3 months were up, home for a week then back on another VWP back at school for the kids (worked one of the business' they bought all this time as well) then went back to London in May for their interview and given 2 years E2 approval with no questions asked. they out and out lied did everything wrong ( with the approval of their well known E2 consultant)yet still got it ????????
I think they have proven to me they cant be trusted so Im moving to another man co
I think the embassy makes it all up as they go along
They were lucky as I could point out at least two more cases where people didnt! Mind you January through to May isnt as bad as some cases last year when they were taking longer to process and people were marooned doing this for 18 months and then turned down because they had done it for 18 months!! I certainly think there is a significant risk to doing it this way and as the result of refusal is having to try and re-enter on visa waiver with visa denied on the computer to sell up home and business ( or not as the case may be) it isnt worth it. I will agree with you that the embassy do make things up as they go along. Often it depends on their feel about the business, if it is a good one they will let things go that they would leap on if it is more marginal.