mariedim

Hi, I am new here and I hope I am posting in the right place.

I am French and I live in London with my English boyfriend of 6 years.
He has been asked by his company to relocate in NYC on a L1 visa in January 2017.

We are both totally up for it but the visa situation seems more challenging that we though.
I would want to be able to work. Which visa should I apply for?
I have a MASTER degree in Art and I have over 6 years experience in teaching French here in London.

Thanks in advance for your help, any advice welcomed!
Marie

Pulaski

The best visa for your situation would be an L-2 which allows work once you have applied for and received an Employment Authorization Document (EAD), which would take 60-90 days after you arrive. Your boyfriend's employer will apply for it linked to his L-1A, BUT you need to be married, no exceptions.

If you are not married there is NO visa available that could be linked to your boyfriend's L-1A that would allow you to work.

Otherwise you would have to find an employer willing to hire you and find a visa suitable for you - for example your employer could transfer you on an L-1A or L-1B.

Noorah101

Get married and get an L2 visa. That will allow you to apply for work authorization in the USA.

Rene

mariedim

Thank you so much for your reply.

I think we will definitely get married but we would like to explore all the other options.

I have my own limited company in the UK so I am my own employer. It is an online tutoring agency and language school that I could managed from the us.

Is there a visa that would allow me to stay as long as he stays?? (Even if I am not able to work)

mariedim

Thank you so much for your advice!

Pulaski

You could get a B-2 "cohabiting domestic partner" visa but working is prohibited - meaning you cannot perform any work while in the US, including working remotely while living in the US on a B-2. So if you want to continue to manage and operate your on-line business you would need a visa that allowed you to work, which pretty much means an L-2.

An E-2 might be possible but it requires a substantial investment - minimum is usually considered to be $200k-$300k, exceptionally as low as $50k, but the business must be a fair size and/or growing - and typically employing US residents. The business cannot be a "subsistence business", merely making enough to support the owner and his/her family.

ian-mstm

The L-2 is pretty much the only visa that's appropriate here... because if she happened to find a US company to sponsor her for a work visa, she's tied to working only for the US sponsor - so she still couldn't work for her own UK business. Even with an E-2, I think she's tied to working only for the E-2 business.

I hear wedding bells in her future!

Ian

Pulaski

Agreed, I think the L-2 is the only viable visa for her continue to work, but if she could meet the investment requirements an E-2 would work so long as, as you said, she is happy to only work for her own E-2 business.

Nutmegger

It also requires bricks and mortar premises -- can't be a business run from the computer in the spare bedroom that just supports the principal.

Pulaski

Thank you, yes, the E-2 business is required to have a proper business location, in a building zoned for the business in question. The building doesn't have to be owned by the business/business owner, so you could rent a serviced office from a business such as Regus.

mariedim

Thank you all for your precious advice. Will explore all the options you mentioned.

tantrum

If you want to keep working for you UK LTD and at least 50% of your revenue is from US clients then you may be eligible for the E1, which does not require the investment of the E2.