queeniequick

Hi all,

Your guidance appreciated.

My partner and I (age 42 and 39) respectively, are both post graduates. My partner a senior NHS employee, I a university lecturer.
We are a same sex married couple and have two children. Eldest is 18 and has mental health disabilities (financially dependent on us), our youngest is 16 and about to leave school to take an apprenticeship in hairdressing.
We live in Cambridgeshire.

We have friends in Las Vegas, regularly travelling there to holiday over five years to date. Our dream is to relocate there whilst we’re of career mobility, so we met with an immigration attorney who came highly recommended.

Advice given is as follows:

Even with a job offer for myself or partner as skilled workers it is not realistic to expect a workers visa. Application points are once a year (April) and we stand a 25-30% chance of success (beginning work in October). Even with this route, an employer would have to be willing to sponsor the visa and prove indisputably that no other American citizen can do this job. The complications are designed to actively dissuade employers doing this. It is a major undertaking at best.

We were advised that a better, more reliable option was an investor ‘E visa’. This would be an investment of a min of $75k for at least 51% share in a US business. It could be a start up or buying into an existing one. This would make one of us the investor (E2) and spouse, and children under 21 (E4) - all giving us social security numbers and right to study or work provided the business stays in ‘the black’. This is either working for the business we own or that of any other employer. This gives us a ‘non-immigrant’ status meaning we’re very much British but with allowance to travel in and out and work given the business. This is renewable every two years. However, when the children reach age 21, they would no longer be renewable. They would then need their own independent visa status. The only option would be a student visa but this would only be as long as they remained in education and not after, and they may well not be, especially for my eldest and his health needs. If they are employed, a workers visa application leaves them in the same scenario as if we were trying for a workers visa. The attorney said they would be obliged to return to the UK, even saying that if they married a US citizen it would be a more reliable option for status to stay!

We are in a position to invest in a business to get there. It would mean liquidating all our UK assets to do so. We do not want to relocate our entire lives to send our kids back to the UK at age 21.

Short of abandoning them now or going into arranged marriage plans when we arrive (!!!) we’re amazed this is our only option.

Is there anyone who can give any insights to this? Is our attorney sounding out all the options? Should I get a second opinion? Has anyone done it another way?

All help appreciated and thanks in advance.

tom169

E2 is the visa from hell for the reasons you've mentioned.

queeniequick

Because of how much it costs or because of children..? What are your thoughts on the attorney recommending this?

civilservant

If you are desperate, then the E2 is an option. Likely the only one based on what you have said about the H1B, and bear in mind that the spouse cannot work on an H4.

The reason it's called the visa from hell is because it has no obvious route to a Green Card, means your children can be bounced at 21, and if they decide not to renew your E2 (such as if the rules change, or if your business dips or folds) you'll get bounced too.

I wouldn't do it.

queeniequick

These are my concerns too. I’ve effectively been told the H1B is all but a no-go because what employer will offer a post before the application point in April and not have the employee begin until October, even if they are successful in gaining the visa. (A chance of 25-30% success rate)
Also, despite how well suited one might be for the post, the sheer volume of information to prove no other US citizen is capable of the job, renders this as incredibly problematic for the employer.

Has anyone got advice on the H1B? I know the spouse can’t work - is there a time limit to that? Where do children stand?
Any success in general? Might there be other avenues?

civilservant

Ever! Unless they get their own visa. Dependents stand the same as they do on an E2, but it's an easier route to a GC.

queeniequick

So spouse would have to apply for their own workers visa, children would also need to age 21? (Am I getting this right?)
What makes this more likely to a green card?
How do families do this?
I really appreciate the guidance too - thank you.

AdobePinon

It is only a more likely route to a green card if the employer is willing to start the application. Otherwise, under most circumstances you’d need to move on after six years (typical limit on extending the visa).

queeniequick

Thanks for this. I’d hope a prospective employer who is serious for me to continue to work would back a green card application.
On another note- Someone mentioned on a thread that a US citizen can sponsor a visa if they wish to - how does that work? I know plenty of US citizens who offer their support to our plans! Or is it just potential employers?

SanDiegogirl

Only close relatives can sponsor- parents, siblings; not aunts, uncles, friends

Noorah101

Some employers don't, though, because once you have a green card you can work for anyone you choose. You might not stay with the employer who spent all that $$$ on your visa and green card. So it's a risk for the employer.

The US Citizen sponsor must be an immediate relative of the visa applicant (parent, child over 21, or sibling).

Rene

Noorah101

As a university lecturer, perhaps you can look into an uncapped H1B (meaning it doesn't have the April 1st petition / October start date restriction). If the employer is an educational institute, they can petition for an uncapped H1B.

Or, maybe even a J-1 visa; I think university lecturers might qualify. I'm not sure, but something to look into.

One thing to keep in mind with a disabled 18-year old is the US health care system. That might be the factor that makes you say "no" to living in the USA at all.

Rene

queeniequick

This is really helpful, thank you.
I’m concerned my attorney hasn’t pointed out these options. Finding out the H1B isn’t capped for a university employer was a surprise, my attorney didn’t mention this.
Having looked on http://britishexpats.com/wiki/H1B_Visa it also mentions the EB2 for Masters level work... any thoughts on this? I am PhD qualified in 2 years.
What is the J-1?

As for my son, yes, his health needs are a consideration.
I’m concerned about the status of my children on any of these visa options when they reach 21. Any thoughts on that too please?

civilservant

Simply put, any visa will mean they have to leave when they are no longer minors unless they can get one in their own right. The only thing that would protect them is you getting a Green Card.

queeniequick

Thank you for the clarification.