View Full Version : Family members on E2 or L1 visa
Hi all
Have quick question.
If my mum and dad bought a business that would be suitable for E2 or L1 visa (whats the difference?) who exactly is entitled to it? Could they buy the business then employ their sons and daughters who would then be eligible or is it only the person who buys business? What if 4 people put in money do they all get a visa?
Thanks for taking time to read.
Dad and son can put in 50 percent each on E2 and mom and daughter-in-law and any kids under 18 or under 21 if in education can go as E2 dependants. Can be mom and son, dad and daughter etc. L1 is totally different, you need a business in the UK to use this and one person transfers out to the US with spouse and kids as dependants, no way two people can get the visa themselves. Employing your kids??? On E2 if and I say if you had a big enough business to justify an E2 manager as well as one or two E2 owners and if the child was qualified then maybe they could get an E2 managers visa. Not an easy one, all those i have known do this were already in the US as dependants and changed status but may be possible.
Hi again all. So my current position is this. I have been informed by a realty broker in florida that I can obtain a B2 visa by saying I am touring the usa which will take approx 2 weeks then when I arrive I can change my status to an E2 and will have an answer within two weeks rather than the 6 months to a year if i applied to london. He has 20 villas for sale in a property managment business he is going to sell me and my brother which will enable the change of status to happen. Does this sound right to everyone? The way he is talking I can be in Florida running a business within months. It all sounds waaaaaaaaaaaaay to easy. Any thoughts would be greatly appreciated. He hasnt hidden any charges from me (as far as I can tell) or lied about bad points of E2. The business for sale is on businessforsale.com and looks legit. I am just really sceptical about whole thing and would appreciate others opinions greatly.
Michelle
27-08-2007, 21:47
Would seek proper advice to be honest, as sounds definately to easy
Sounds a wee bit too easy to me, although I have no experience. But you would need to look VERY carefully at this management company before buying it. Julie (Esprit) has a great deal of experience and I think you should see what she says.
<blockquote id="quote" class="ffs">quote:Originally posted by Tel
Hi again all. So my current position is this. I have been informed by a realty broker in florida that I can obtain a B2 visa by saying I am touring the usa which will take approx 2 weeks then when I arrive I can change my status to an E2 and will have an answer within two weeks rather than the 6 months to a year if i applied to london. He has 20 villas for sale in a property managment business he is going to sell me and my brother which will enable the change of status to happen. Does this sound right to everyone? The way he is talking I can be in Florida running a business within months. It all sounds waaaaaaaaaaaaay to easy. Any thoughts would be greatly appreciated. He hasnt hidden any charges from me (as far as I can tell) or lied about bad points of E2. The business for sale is on businessforsale.com and looks legit. I am just really sceptical about whole thing and would appreciate others opinions greatly.
[/quote]
What he has told you is somewhat right, however and this is a big however, there are many pitfalls and no guarantess that it will work.
let me explain.
Firstly obtaining a B2 visa is not easy, the embassy do not like giving them. You have to prove a lot of things, for instance that you intend to return to the UK, have ties to the UK and that your employer is happy to let you take time out while you tour the US. Also they want to know how you intend to fund your trip. Remember, you can come to the US on a visa waiver for up to 3 months, so you would have to be staying longer than this to warrant the need for a B2.
Having said all that, we did the very same thing and succcessfully got a B2 visa.
With regard to the change of status once you are here, yes you can do this, again we did this, and it seemed to be a very quick and easy process. Once that is done you can then own and run your business, but here comes the big catch. While you are on a status change, you can never leave the US, because if you did the status change is not recognised at immigration when you try to get back in, ie. you would have to return on a VWP and if they let you in, which they may not, and you would have to start the whole process again. Which is costly.
Also if you ever decide to actually apply for an E2, once the application has been processed you are summoned to London for the interview, and there is no guarantee or indication that you will be approved, which means you have to leave your business while you come back to the UK and you don't know if you can get back or not.
By this time you have spent all your money on the business and the broker has moved on to his next sale.
Having said all that, we did go this route and we did finally get our E2, but it is a very risky way and there are many pitfalls.
Also MC's are frowned upon by the embassy, so you really are on a "sticky wicket" going this way.
The broker will tell you what you want to hear, as he can make a sale quicker, he is not bothered about how you go once the deal is done.
Also lastly, MC's have relationship with their home owners, if the business is sold, there is no guarantee that the home owners will stay with you.
BUYER BEWARE!!!
Sounds like very good advice, Neil and Kay. You are certainly right about owners leaving a Management Company when it is sold - so many are sold to people with very little experience who think they are on an easy number, and when the reality hits them of having to be available 24/7, Christmas Day, Easter Sunday, high days and holidays then it does not seem such a bargain. Owners may also want an MC with experience rather than someone who is new to the game, and they may well 'walk.'
steph_goodrum
28-08-2007, 03:18
A couple of points.
I doubt very much if you will get a B2 Visa in "a couple of weeks", if you go to the US Embassy website it will give you the current wait times for APPOINTMENTS which are usually at least a few weeks.
As you have (or will have been made redundant) from your current job they will be very suspicious (we had a friend in that situation who used the Visa Waiver to go to US for 3 months, with a return ticket, he had several thousand pounds redundancy money to fund the trip as he was staying with relatives, but was denied entry as they felt he did not have enough ties to UK and might not return. His first Vias application was denied and he had to wait a year before he could apply for another which was granted for 10 years.
Make sure that any funds you pay or any business you might buy is "subject to Visa approval" and that the money is held in Escrow so if it doesnt get approved you can get it back. There are plenty of people who can give you more info on the rigth things to ask (and get in writing) before you go ahead.
B2 to E2 landlocks you and gives you E2 status with no guarantee you will ever get the E2 as they look at the application again from scratch at the embassy. It means you can never again leave the US as you could then only return with the visa, which you may not get, or on visa waiver. It is not suitable for anyone leaving relatives in the UK, I have known at least two people in this situation who have been unable to return when close relatives, a father and a sister, died. Imagine how that must have felt for them. Also if you apply for the E2 proper and are eventually denied you will have closed on the business so it is a done deal, no refund if visa refused as your contract will have been made conditional on E2 visa status not E2 visa.
I have been in the property management business myself and seriously doubt that buying 20 property management villas will ever get you an E2. Not big enough, not enough money there to support one visa holder never mind two visa holders where the business needs to be bigger and the embassy just dont like this sort of deal. I suggest the seller knows this and that is why he is advising you to go change of status route. He gets his money, you get E2 status and probably never a visa. There i have said it. I personally would not touch this with a bargepole. If a broker is trying to tell you this will be ok they are feathering their own nests and you could end up with BIG problems. I am one who knows all about professionals telling you everything will be ok. If this is another Brit, then I am appalled, oh why oh why do people here do things like this to their own unsuspecting countrymen, it is like lambs to the slaughter.
Also no idea if you have kids as if you do they wont get B2. I know of a couple who did this and their daughter was denied B2. They thought she would change status with them. She didnt and was left on visa waiver.
Sorry if the above sounds really harsh and negative but I am telling it like it is because someone needs to.
<blockquote id="quote" class="ffs">quote:Originally posted by Tel
Hi again all. So my current position is this. I have been informed by a realty broker in florida that I can obtain a B2 visa by saying I am touring the usa [/quote]
If you shook his hand ...do count your fingers ....
LOL, Ray, aint me and you a pair of old cynics....
chrizzy100
30-08-2007, 07:16
Tel..I've sent you a PM...I have someone I'd like you to talk to on another forum..I was told about a story like yours yesterday...
<blockquote id="quote" class="ffs">quote:Originally posted by esprit
LOL, Ray, aint me and you a pair of old cynics....
[/quote]
We both have seen it so many times ....
My advice ..if you see the word Realtor and Immigration
in the same line ...move along ..
Even worse realtor, business broker and immigration consultant all in the same line... Be careful out there. One person is serving time and another about to for taking a total of about 20 peoples life savings.... there are many sharks in Florida and not all of them are in Seaworld.