Nutmegger

One more query — why Austin? Has your due diligence indicated that your proposed business would have an optimal chance of success there?

richyje7727

Yes, I would be leasing an office space to satisfy USCIS requirements of a substantial investment.

Could you expand a little on the investment is not redeemable or extractable ? It is my opinion that this is and will be my investment and should I decide to shutup shop in a years time, sell the assets of the company that I can bring my capital back to the UK.

richyje7727

Our research showed Austin to be one of the best cities to settle in the US. I have just got back from Austin. They have great schools and there are a lot of technology firms based there. Good weather is another factor. Our research shows this is a growing city where many people are flocking to.

As with anywhere, there are good area's and bad. Wealthy and Poor. I believe Austin would be a good choice for starting up a tech company for dealing with an emerging technology.

Pulaski

What constitutes "good" weather can be very personal, and many people would disagree with you, even many who already live in Texas! Do you have any research that says there is a market for what you want to sell, and that that market isn't fully satisfied?

richyje7727

Yes, I understand what you are saying about the weather. Both myself and the wife like the sun, and yes I am willing to suffer the 100 degree summers. We both like the heat.

Yes, I have done research on the type of companies and visited a couple whilst I was there. Again this is an emerging market so I am sure there will be growth in this area.

S Folinsky

These forums have a history of being somewhat negative on E visas. It used to be worse.

An experienced immigration lawyer is a good idea. BE member J Craig Fong in Pasadena CA is often recommended. (I used to share space with him. He is a wonderful human being and knows what he is doing)

Out of idle curiosity, have you considered E--1 status? The rules are different and may require a different plan.

In seeking legal advice, it is often to NOT define your inquiries in terms of a particular visa classification.

Good luck.

richyje7727

Hi S folinsky,

I believe the E1 is the Treaty Trader Visa if I am not mistaken ?

I am not in the import / export business, so do not see how this would work.

Kind Regards

petitefrancaise

There's definitely a market for this in Austin.
High tech relocation is going gangbusters.

$50k pa to live on though? There aren't that many great High schools. I can think of 2 excellent, 1 ok and lots of very mediocre ones. $2500 per month minimum for a family home in a good school district. Probably closer to $3k is not going to leave you much to live on.

BenK91

I certainly wouldn't want to live on $50k in Austin.

A couple of guys in our office out there put in relocation requests (I think one has already moved!) due to the rising costs in Austin due to the influx of tech companies and gentrification.

It's worth noting Austin is one of a few cities booming, here in Denver things are really starting to pick up too with Google and Amazon opening their premises in the new year.

If you like Texas though then why not! Hopefully you're able to get in touch with an Immigration attorney shortly.

Pulaski

One man's negativity is another man's realism. It is tough to start a business from scratch, very tough. Then try to do it in another country, .... that doesn't make it any easier.

Then throw a different tax regime on top, and "moving house", and perhaps finding a new school for the kids. Statistically most new start-up businesses fail, and that's when you know the rules, the taxes and have a stable family situation, home and kids in school. To move to another country, and start a business, and succeed, takes a lot more than $100k, a plan on a spreadsheet, and some words of encouragement from a friendly lawyer.

There are obviously E-2 business that succeed, and some that thrive, but many do not, and to dismiss us as being "negative" entirely misses the point, that what Mr Asbestos is about to do is probably the toughest thing he has ever done, and much tougher than he anticipates. He might have what it takes to succeed, or maybe not, but pointing out some of the issues he will face, does not make us negative. I would argue that our experience, as immigrants making a living, is as relevant as any platitudes from an immigration lawyer.

petitefrancaise

I don't think Austin prices are rising that much at all. House rental prices in good school districts haven't risen much at all in the last few years. Plenty of new build apartments closer to downtown are keeping prices at a decent level there. Plenty of availability too.

I think the OP has a good business idea. I think the business plan may need reworking though to make it liveable and I wonder how much scouting of the competition he has done?

tom169

That and the fact that if the business fails / USCIS aren't happy, you have to pack your bags and leave the country.

Oh, and the E-2 non-immigrant visa doesn't allow you to directly adjust status to that of a permanent resident (read: green card). You're going to need to grow the business many times that $100k investment to even attempt it.

Visa from hell if you ask me.

tom169

Somewhat on topic... OP, I assume you have seen Iris by Lowe's.

If not then it's DIY home automation and it's cheap. Some things I like is that if any of the smoke detectors go off it will shut down my AC.

I assume you're going to be targeting high end customers who don't fancy a DIY solution.

shiversaint

You'd be satisfying the requirement there. The concept that the investment is not extractable is to prevent people investing in say, a franchise of a hedge fund, for example, or something quite liquid like that, where you could walk at any moment and your funds would be relatively untouched. With something like an office lease, the money is "gone" and permanently committed.

Selling assets when you're ready to move on, and profit from your venture, is more than acceptable and not taken into consideration with an E-2.

My comments regarding you writing a business plan may have been taken too aggressively. My point was that paying for a business plan is not something that is congruent with a well formed E-2 application that stands a good chance of being accepted. You, as the business owner, would typically be more than capable of writing a cognizant business plan that the E-Unit would find acceptable. I would go so far to say that if you don't feel you can do that, then I would not apply.

I stand by my statements regarding aspirations and plans for business growth - you need to show evidence that the business will contribute to the economy and show a good level of growth. All of these things are subjective, so it's as much to do with the way the application is worded, which is why a good E-2 experienced attorney is almost essential. The reason that employing USCs is being mentioned, is that that is by far and away the easiest way of proving the business will be successful, as it'll demand the support of both local knowledge and local manpower.

This forum can be incredibly negative, I agree, but I'd say you're getting off lightly compared to some cases recently. Knowing a little bit about your industry, I think you'll be just fine with a $100k investment (that's a safe amount to go for), but I think if you're prepared to spend $100k, then another 5% on a good attorney helping you with your application is well worth it. I can also recommend someone who has helped with my E-2.

Nutmegger

You mention schools. Do you have children? One of the most difficult aspects of the E-2 is that the business may be doing well, you’re getting renewal after renewal, but the children age out at 21 (with a slight postponement of the evil hour if they are in college) and have to leave the US.