Pulaski

Not for E-2 treaty trader visas. That visa type is specifically for citizens of certain countries (those which have a trade treaty with the US), either individuals, or companies which can then sponsor individual employees from the same country to work for that "treaty trader" company.

Because the requirement for an E-2 visa, whether individual or sponsored by a treaty trader company, is that they must come from a country which has a trade treaty with the US, US companies are necessarily disqualified as the US doesn't have a trade treaty with itself.

Nutmegger

Pulaski was trying to explore different possibilities for you. If this had been a British-owned company wanting to hire a British worker, the E-2 visa could have been an option.

Edit: And Pulaski was responding himself even as I typed!

Pulaski

That's more succinct than what I said.

Superdarts

Thanks folks - input very much appreciated.
I'll try and organise a call with the lawyer directly tomorrow but I'm not optimistic now.

Noorah101

The specific question to ask the lawyer is "which visa will the company be petitioning me for?"

Rene

scrubbedexpat099

B1 in lieu of H1b whilst the GC is in process.

Steve_

It's not a regular visitor's visa, this is an employment-authorized B-1 he's talking about. Mostly used by Indian outsourcing companies to come over to the US quick and steal someone's job and take it back to India.

If they use premium processing they could get the I-140 through fairly quickly but PERM processing takes a minimum of three months and they've got to advertise the job first. And as mentioned I don't think you can do AOS from B-1 for this purpose, so that means applying for an immigrant visa and that takes months. Six months sounds a bit hopeful. Ten months, maybe, so their idea of having him work abroad for a few months might work.

As far as H-1B goes, premium processing has been suspended and the DOL and USCIS are probably going to completely revise the issuing criteria, higher wage to qualify for LCA, issuance based on a points system, etc.

Superdarts

Morning Steve - from reading the posts from Palaski I didn't think the I 140 for the EB-2 was going to be possible due to the differing nationalities between the company ownership and myself?

Are you also of the opinion that the B1 in lieu of H1b whilst also applying for the Eb-2 in parallel is not the right road to take? I don't follow the "AOS" comment?

scrubbedexpat099

Palaski?

The discussion was about your eligibility for an E2, you are not eligible.

Superdarts

Ok. So Eb-2 may be ok and B1 in Lieu of H1-b in parallel may also work for a short term solution but this wont allow the kids to go to school. Realistically best case scenario would be kids starting a year in August?

hungryhorace

If you have the option of working for your new employer from the UK for a year, they could then apply for an L-1A petition for you.

That's a far better way to relocate than the faff currently being prescribed. I wouldn't go near relocating my family on a B-1 with a PERM application still up in the air.

scrubbedexpat099

Eb2 is usually factual, issue is how long and 6 months seemed real quick.

B1 is lieu of H1b I do not know, may work may not. Employers usually look to bring someone in on a temp work visa and then if they want to keep them long go the GC route, not sure it was supposed to work that way.

A B1 in lieu for you does not do anything for them, no derivative visa I know of. They I presume would need F1 to study?

Pulaski

As I explained above the nationality mismatch is a bar (an insurmountable one) ONLY for an E-2 visa.

neill

There's about a 90-120 day wait alone on the Prevailing Wage part of the PERM process. Every PERM must be submitted with a PWD.

Superdarts

Since my last update, I have accepted the position and been granted a B1 Visa. I am currently travelling globally, family still based in the UK and spending time in the Houston office.

The company started the PERM process some time ago and that is proceeding slowely (just finished the recruitment advertising). We may also apply for an H1 B depending on where the PERM process is in Feb / March 18. Attorney estimating late next year for completion of the green card application. Successful H1 b would be received in October. Long time to live in an airport!

I found out today that the majority shareholder (80%) of the patent company is actually British. The parent company is listed in Australia and the majority shareholder now lives there but he is a British National and still has his UK passport. Parent, listed in Australia, majority owner has UK passport, branch office registered in Texas.

May be clutching at straws here, but does that open up any possibility of an E Visa?

Thanks again,