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B1 VISA for conducting research into a potential new business

B1 VISA for conducting research into a potential new business

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Old Dec 31st 2014, 8:21 pm
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Default B1 VISA for conducting research into a potential new business

Sorry if this is too similar and/or contradictory to my previous questions, welcome to my manic mind. I can delete it if so... but I want to give the full story.

The gods honest truth of the matter is this:

I would like to spend 6 months in SF, exploring options for setting up a new business either in the USA or the UK, networking, going to conferences, just generally soaking up the atmosphere. At the end of the six months, I plan to make a £250,000 investment in a new venture, either in the USA or the UK. I havn't decided yet. Who knows what might turn up. Either way I'm bound to learn a lot.

The problem as I understand is that a B1 denial disqualifies me from using ESTA. Making it a big risk to apply.

I want to rent a flat for 6 months so I have some stability. 3 months seems rushed to me. It's a big decision I want to take me time. It hardly seems worth it for me to go just for 3 months. But I don't really have a concrete answer for why this. It's a feeling. (I need a better answer to this!)

Currently I am a ("non-exec") director (ie don't manage it myself) and outright owner of a small company in the UK with physical permanent premises.

Turnover approx £500,000 ($770k)
Annual net profit after my salary is approx £100,000. ($155k)
I have about £250k ($390k) liquid cash available to invest
I’m also willing to commit future revenues of the business.

My official UK residence is my parents house. In reality, I've been nomadic around Europe for years, just using it as a base.

The basic options I've uncovered are... (only the last one gives me an upfront visa though)

- US sales office for my UK business (not enough revenue for L1 probably...)
- Create a whole new US company modelled on the UK business
- Set up a completely new business in a totally different area, yet to be identified. either usa or UK. But ideally USA if it's possible.
- Borrow a bit of cash and invest $500k in a government scheme or existing USA company.

Another option is that I could register for a 6 month full time education course. There are plenty about, for around 5k USD. But I'd rather direct my energies to the business plan.

Another option is using the VWP to do a VISA run half way through the 6 month period (this would be a one off).


So, any advice on best options to proceed?

Last edited by miltones; Dec 31st 2014 at 8:50 pm.
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Old Dec 31st 2014, 8:23 pm
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Default Re: B1 VISA for conducting research into a potential new business

'Turnover approx £500,000 ($770)'

Maybe a course in arithmetic?

Just teasing..

In my opinion this scenario is very unique to you and you should work out what you want to do yourself or with input from an experienced business adviser.

I'm actually interested in the business side as I have one. I sell scientific instrumentation to National Labs and universities in USA/Canada.

What type of business are you talking about? It makes a big difference.

And why the urge to set up in the US?

Do you hope to become resident here at some point cause that's another can of worms.

Last edited by Hotscot; Dec 31st 2014 at 8:33 pm.
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Old Dec 31st 2014, 8:25 pm
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Default Re: B1 VISA for conducting research into a potential new business

Originally Posted by Hotscot
'Turnover approx £500,000 ($770)'

Maybe a course in arithmetic?

Just teasing..
Haha, yeah I'll get the visa application proof read I think!
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Old Dec 31st 2014, 8:33 pm
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Default Re: B1 VISA for conducting research into a potential new business

Originally Posted by miltones
Haha, yeah I'll get the visa application proof read I think!
How are you a non exec director and owner?
You're not involved in the management of your own company?
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Old Dec 31st 2014, 8:35 pm
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Default Re: B1 VISA for conducting research into a potential new business

Originally Posted by Hotscot
'Turnover approx £500,000 ($770)'

Maybe a course in arithmetic?

Just teasing..

In my opinion this scenario is very unique to you and you should work out what you want to do yourself or with input from an experienced business adviser.

I'm actually interested in the business side as I have one. I sell scientific instrumentation to National Labs and universities in USA/Canada.

What type of business are you talking about? It makes a big difference.

And why the urge to set up in the US?

Do you hope to become resident here at some point cause that's another can of worms.
It's a language business. Definitely replicable, and we do sell to the US now. But less than 5% probably.

The short answer is that I'm bored of the UK and I prefer the culture. Both personal and business culture. I'm open to investing in the UK, but only if the USA doesn't pan out.

I'd like to become a resident sure, but i'd be happy enough with 6 months. I think I can get what I need in that time frame.

Non exec, misused the term. I just mean that I don't manage it on a day to day basis. And could take 6 months off without bother.
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Old Dec 31st 2014, 8:40 pm
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Default Re: B1 VISA for conducting research into a potential new business

That's funny...I'm bored with the US and would move back tomorrow but I can't walk away from my business just yet.
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Old Dec 31st 2014, 8:53 pm
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Default Re: B1 VISA for conducting research into a potential new business

"Manager" and "Executive" are "terms of art" which OP has demonstrated she may not understand.

When I was in practice, often had similar consultations. Quite often we could figure out things. Legal consultation might very well be in order. BTW, I also recommend that it might be a good idea to say "this is my plan. How do I accomplish this?" This is somewhat different from asking can I do a "B-1 visa in order to ..."
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Old Dec 31st 2014, 8:57 pm
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Default Re: B1 VISA for conducting research into a potential new business

Oh yes, similar to needing a shovel not because you need a shovel but because you need a hole.
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Old Dec 31st 2014, 8:57 pm
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Default Re: B1 VISA for conducting research into a potential new business

Originally Posted by S Folinsky
"Manager" and "Executive" are "terms of art" which OP has demonstrated she may not understand.

When I was in practice, often had similar consultations. Quite often we could figure out things. Legal consultation might very well be in order. BTW, I also recommend that it might be a good idea to say "this is my plan. How do I accomplish this?" This is somewhat different from asking can I do a "B-1 visa in order to ..."

Yeah I never know what to say my job title is!

I've always been scared stiff of lawyers, one of the reasons i have never owned property... but I guess it can't be avoided for ever
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Old Dec 31st 2014, 8:58 pm
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Default Re: B1 VISA for conducting research into a potential new business

I make the tea in my company...
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Old Dec 31st 2014, 9:41 pm
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Default Re: B1 VISA for conducting research into a potential new business

The problem I see (as a layman) is that this kind of research is allowed on the VWP. So it might still be difficult to get a B1 if you qualify to use the VWP.

Rene
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Old Dec 31st 2014, 10:01 pm
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Default Re: B1 VISA for conducting research into a potential new business

Originally Posted by Noorah101
The problem I see (as a layman) is that this kind of research is allowed on the VWP. So it might still be difficult to get a B1 if you qualify to use the VWP.

Rene
Yes this is the main problem in my mind too.

I'm reading about E2 now as the fireworks go off.... seems interesting too.
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Old Dec 31st 2014, 10:06 pm
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Default Re: B1 VISA for conducting research into a potential new business

Originally Posted by miltones
Yeah I never know what to say my job title is!

I've always been scared stiff of lawyers, one of the reasons i have never owned property... but I guess it can't be avoided for ever
I'm retired and limit what consultation I do to members of the bar.

I happen to be scared stiff of dentists with needles. Nonetheless, I just had a root canal performed and go in next week to start work on the replacement crown. The dentists know what they are doing.

Consultations can be done at a distance. For example, I used to share space with J Craig Fong who now practices in Pasadena, California. [Note, there is a somewhat largish parade near his office on New Years Day. ].

There are also US licensed attorneys in the UK. I know Kherala Hodkinson and recommend her highly. [Her bio notes her former residence in L.A. and I know her from back then and we've maintained contact.]

Good luck.
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Old Jan 1st 2015, 12:55 am
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Default Re: B1 VISA for conducting research into a potential new business

Thanks that's great advice - I will certainly consult a lawyer.

Especially as it looks to me like E2 might be a possibility.

Perhaps I'm massively deluded, but it looks to me on a quick browse, that it might be possible to incorporate a new company in the USA, chuck $150k in the bank account, reroute some existing US clients through the new business, have an admin and a desk, have a plan for employing a couple of US staff, and I have the building blocks for an E2 application,

Or am i massively underestimating this?
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Old Jan 1st 2015, 1:14 am
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Default Re: B1 VISA for conducting research into a potential new business

Originally Posted by miltones
Thanks that's great advice - I will certainly consult a lawyer.

Especially as it looks to me like E2 might be a possibility.

Perhaps I'm massively deluded, but it looks to me on a quick browse, that it might be possible to incorporate a new company in the USA, chuck $150k in the bank account, reroute some existing US clients through the new business, have an admin and a desk, have a plan for employing a couple of US staff, and I have the building blocks for an E2 application,

Or am i massively underestimating this?
As long as everything falls into place.
80% of new businesses in the US fail.

Would you be competing with Rosetta Stone? They're currently doing a deal on any language for 130 GBP.
They're about to implement a huge marketing strategy aimed at the mobile/tablet sector.

Last edited by Hotscot; Jan 1st 2015 at 1:20 am.
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