newXgate

Sad story about a UK couple from the New York Times

scrubbedexpat099

I saw this elsewhere. They should never have been given an E2 Visa in the first place. Sort of inevitable.

But still sad.

Guess it was not so easy to research 10 years ago.

newXgate

Why should they have not been given an E2 visa ? Business too small ?

Bob

Exactly.

But still a bit harsh because the kind of money they're on is pretty good for Maine in general, well certainly anyone up north of Portland, but York, Kennebunk, Wells - bit pricey of an area, good tourists, but your talking Bush rather than the average family.

scrubbedexpat099

E2 basically requires

Capital investment - assume that is OK, not clear, do they rent, do they own.

Employment - not OK, they work the business, she is cook, he does front of house, they employ seasonal temps when they are busy

Adequate return - probably not, but if temporary could be worked around.

They bought a small business to provide them with the work, not what the E2 is about.

shining light

Hi all, I am new to this forum and have occasionally considered the E2 Visa option so found this interesting.

I was under the impression that providing you employed one F/T American employee, paid you taxes and provided for yourself from the business profits, that was enough. Am I wrong?

In the above case, did they not perhaps employ a F/T worker?

I know a guy who lived in LA for a number of years and I believe he even traded as a property developer which surely would mean offering guarantees, finance etc and paying taxes....yet he never had a visa of any kind.

Last year he went to Hawaii (with family) and is already a partner in a business but again, no visa! How can this be possible given the government are so tough?

meauxna

How do you know that the person had no visa?
And, it is possible for people to live in the US illegally.


About the E-2, it is not as cut and dried as you post. I hope you read the linked story (related news) at the bottom of the story that was posted today.. this is not new, and the E-2s are being tightened down everywhere for mom and pop type shops.
I just tripped over this article, by an immigration attorney, that says it bluntly (immigration attorneys have posted virtually the same here, this is nothing to do witht his story being primarily about France)

http://www.cpvisa.com/article_3.html
The E-2 visas is for “Treaty Investors.” The applicant must demonstrate a “substantial investment” in a commercial enterprise. It must be demonstrated that the applicant is trying to do more than simply earn a living. The investor should be putting money at risk with the intention of making a serious profit.

COMBIEN D’ARGENT FAUT-IL INVESTIR?

My clients often ask: What is meant by substantial investment? How much is enough? How much do I need to invest in a company in order to have this E-2 visa? The regulations state that there must be a substantial investment and there are no clear guidelines. What is “substantial” depends on the type of business involved. In other words, a small French restaurant would require less of an investment than a petroleum company. The officials corroborated this. I did not get any indication of precise dollar amounts that would increase the chances of getting an E-2 visa approved.

JE PEUX MONTRER BEAUCOUP D’ARGENT DANS MA COMPTE BANCAIRE.
CA SUFFIT POUR LE VISA E-2?

For an E-2 visa application to be approved, the funds must be at risk, at risk of being lost. They must really be invested in a commercial enterprise. Simply showing funds in a bank account will not be sufficient.



The applicant should not be creating a business or getting incorporated simply as a means of obtaining an E-2 visa. If the consular officer feels that the company has been set up simply as a means of obtaining a visa, the visa will be denied.
This point seems self-evident. Nevertheless, it is a good point to keep in mind in determining whether or not someone should really pursue the E-2 visa as an option.

shining light

How do you know that the person had no visa?
Not only did he tell me but I know he has moved around a few countries during the past 10-15 yrs.

And, it is possible for people to live in the US illegally.

Yes, many do, but that type of business?


About the E-2, it is not as cut and dried as you post. I hope you read the linked story (related news) at the bottom of the story that was posted today

Certainly did, hence my comments regarding what they were doing in relation to what is required. Like I said, maybe they didn't employ F/T staff which I believe is a requirement, just a thought?

scrubbedexpat099

Staff is not a requirement, but it is in practice required, a difference.

Also they were working in rather than managing the business.

And it was too small.

It is possible to get finance etc here without being here legally, Bank of America will even give you a Credit Card.

shining light

Hi Boiler, thanks for that, very interesting.

Seneca21

An interesting tale. E2 assessment is too subjective to rebuild a whole life. Also, the re-assessment every 24 months would be of great concern. The article says the husband used to be a financial adviser, so you think he would have had more sense than to embark on this.

He is bitter about it: “You can go from ‘illegal’ to ‘green card holder,’ but we’re going from ‘legal’ to ‘no way you can get a green card,’ ” he said. “We did it wrong. If we came here illegally, we’d have a chance of becoming citizens.”

They also talk of going to Canada but there is no mention of how they can do this either. - visa, etc.

crg

You'd be surprised what kind of businesses and occupations are occupied by people without the correct lawful status. It's not just cooks, nannies, laborers etc.

I've head accounts of people working as public school teachers, administrators, juvenile detention facility managers, computer technicians, bankers, psychologists/therapists. You name it.

There was even one guy that was employed for at least two years as a supervisor of tent installation for White House social events.

He "had access to the White House grounds, the Pentagon, and NASA, and rubbed elbows with Washington’s most powerful officials—from former president Bill Clinton to current Vice President Dick Cheney and his wife, Lynne. He kept festive photos of himself with Clinton and the Cheneys as souvenirs to show off his insider access."

I prefer not to link a Malkin article, but she seems to be the only one who wrote about it. I'd say this is worse than an uninvited guest at a state dinner.

http://www.puertorico-herald.org/iss...tional-en.html

meauxna

alright, I can't best your White House, but a weird one just came to light here.. the guy had been hired as an inspector for the OLCC.. the Oregon Liquor Control Commission! Uh.. they do background checks for a living.

This guy is Bulgarian, was sponsored over by a US diplomat to study in the US, lived with the dip's family etc, then one day he just walked out of university to never be seen again.
He got caught in one of those sweeps they do, checking birth certificate applications against death certificates, when he applied for a US passport. He probably shouldn't have picked a murdered kid's identity to steal.

crg

That takes some guts right there. I forgot about another one. Some dude was busted working illegally...... wait for it.... as a Border Patrol agent!