Interesting Immigration Story out of Tampa

[flyrr100]

Link to a story out of Tampa/St Pete about a German couple on a business visa being deported for not employing Americans.

http://www.myfoxtampabay.com/myfox/pages/Home/Detail;jsessionid=60AFE285C8A36B2636A761B3949A6254 ?contentId=3873828&version=2&locale=EN-US&layoutCode=TSTY&pageId=1.1.1&sflg=1


Please dont delete the link. It's a warning to anyone thinking of doing the same.

[florida4sun]

E2 vusa do clearly state that you need to be creating employment for US citizens. After all what is teh point in allowing foreign investment if it does not do so..

[blott]

Jeff, it depends what the link contains that determines the criteria of whether it gets deleted or not.

This story isn't too unusual except for the fact that it's about Germans. Normally, these stories are about Brits whose visa renewals have been denied and who have to return to the UK, sometimes after years in the US.

Some of them have children who have long forgotten about the UK and only know the US. Or the children have reached 18 (or 21 if in college) who are separated from their families and sent back to a (sometimes, to them, if they have been in the US for years) totally foreign country (the UK).

And, as Martin has said, employment of US citizens is a proviso of any business visa and why would a country let people in to set up a business that doesn't employ local people as it would be taking potential business and perhaps employment away from locals.

There's lots of info on this subject in this section of the forum for anyone who is thinking of setting up a business or getting some different visa to move to the US. Notice I didn't say emigrate as a business visa doesn't allow you to emigrate as the business visa holder is a 'non resident alien' for ever (unless they manage to change visa status) and doesn't benefit from any of the 'rights' that US citizens have, even down to Homestead Exemption on their property taxes.

If the business closes or the visa holder doesn't comply with the requirements or the visa holder stops working, then they have to return to their 'country of residence', ie the UK or, in this case, Germany.

[Frosty]

<blockquote id="quote" class="ffs">quote:[i]



.....why would a country let people in to set up a business that doesn't employ local people as it would be taking potential business and perhaps employment away from locals.


[/quote]

Hey Blott have you forgot which country you live in?[msnembarrased]

[flyrr100]

The local Tampa and Orlando TV stations have taken up the story and at least one senator is involved. I'll try to follow it up and post any links of interest.

[CERICROWLEY]

I read it that they have not employed enough US citizens, not that they have not employed any. Did I read it wrong!

[chrizzy100]

I see this all the time....I've never been a fan of the E2...its not a visa to move your family over on...and its not for people who wish to make the USA their home...

[blott]

<blockquote id="quote" class="ffs">quote:Originally posted by Frosty
<blockquote id="quote" class="ffs">quote:[i] .....why would a country let people in to set up a business that doesn't employ local people as it would be taking potential business and perhaps employment away from locals.[/quote]Hey Blott have you forgot which country you live in?[msnembarrased][/quote]Not at all. I think you'll find that we have similar rules in the UK for people wishing to enter and set up businesses.

I do understand that the whole idea of allowing people into a country to set up a business is to help the local economy and provide employment and not just to provide business visa holders with an alternative lifestyle, hence the rules about employing specific numbers of local citizens from the host country.

[esprit]

This has been posted on several immigration forums. They had been there 10 years and of course the goalposts have been moved in that time, certainly by the London embassy and presumably then by the German one. Ten years ago you did not need to employ people. Now seemingly you do, though the FAM guidelines for E2 for the London embassy only mention not being marginal ( ie making more money than just paying the principals) and making a significant impact on the local economy, they do not specifically mention employing Americans, Martin. If they buy flour, butter, currants or whatever from a local supplier, and rent premises such as a shop and a bakery locally surely they are making an economic impact? The problem is that the embassies seem to have written their own rules which are not strictly speaking in the guidelines and are implementing these. How are people who have been in the US for 10 years and thinking back to how it was when they got their visa or through the last renewal five years ago to know? Yep their attorney should have known however, but a lot dont know or do but dont seem to care!

The bad thing about this is that they had to go back to Germany to renew which leaves them short of time to clean their affairs up, it did say they were back on visa waiver and in that they were lucky.
I presume they have been doing the lottery for the last ten years and not managed to get through. It could be that that was their plan B which didnt work out.

[flyrr100]

The TV news interview with the wife said they were back on a three month tourist visa. So right now they cant do anything that would even hint of making money.

[esprit]

They were lucky to get back on visa waiver with visa denied agaisnt theirname. All they can do is use that time to pack up their possessions, and put home, business and vehicles up for sale. That is the problem with going back to your home country to get your visa renewed, if you get denied you are up the creek. That is why so many people are just extending their I-94 status with USCIS, it landlocks you within the US so if there is an emergency abroad you cannot travel, but at least you can carry on running your business. Going back for a visa renewal is a HUGE risk.

[flyrr100]

<blockquote id="quote" class="ffs">quote:Originally posted by blott

Some of them have children who have long forgotten about the UK and only know the US. Or the children have reached 18 (or 21 if in college) who are separated from their families and sent back to a (sometimes, to them, if they have been in the US for years) totally foreign country (the UK).


[/quote]

My neighbors have just become citizens (he's from Sunderland and she's a Londoner), so their two sons can stay here and are eligible for scholarships to college. One's at UCF and the other is at UF.
Their process took over two years.

[Robert5988]

<blockquote id="quote" class="ffs">quote:My neighbors have just become citizens (he's from Sunderland [/quote]

Don't blame him one bit! If Roy Keane managed my football team I would leave UK as well.