Barcholder

Hi All

After a good couple of years of reading this blog with great interest, I am now finally about to embark on the process of applying for my E2 visa.

My circumstances are briefly summarised as follows:

Over the last 2 years, I have invested over £70k in creating and developing an innovative recruitment website, designed with the intention of launching it in America (initially in Atlanta, Georgia then hopefully expanding across South East USA).

Having consulted with a London based immigration lawyer, I have been given a full rundown on all the information I need to collate before the application can by submitted. It is all rather daunting, but i'm going to take it one step at a time.

I thought i'd post an ongoing record of my (hopefully successful) progress towards the E2 visa.

Wish me luck all

Barcholder

Ok - step 1. My solicitor says i must first of all create a US C Corporation, and also get a Business Bank Account opened.

To this end , I'm now investigating different companies that can assist me with this online. The costs do seem remarkably high, given that it's essentially an administrative process. I'm being quoted $500 for this, plus a further $600 to get the Business Account opened. AND, I must fly to the USA to actually sign the paperwork myself. It all seems rather costly to me..

I will post again when I have managed to complete step one. It's all about baby steps, and taking one step at a time. I have been sent the full list of things required to be done my my lawyer, and it's so long and seemingly onerous that I have decided to focus one one thing at a time.

Let the drama begin

meauxna

Are you recruiting?

Congratulations on getting your start.

Barcholder

Thank you. I'm really nervous and excited at the same time. It's not every day you embark on something that could change your life.

Ok - first update. I have now paid for the incorporation of my US company, to be based in Georgia. Total cost is $699. I'm being told that it will take 48 hours to receive confirmation of my successful incorporation. I will also be provided with something called an EIN number - apparently, you need this to be able to open up a US Business Account.

They have estimated that it will take 7 to 10 days before my EIN number is assigned to me. At that point, I have to physically travel to Atlanta to open up a Bank Account.

Whilst there, I have decided to also sort out business forwarding address, virtual telephone number etc, to be included on my E2 Visa application form.

The other thing I have to do is arrange for the transfer of the domain name the company will operate under, from my name into the soon to be incorporated US C Corp. As part of the Incorporation Service, I have been allocated a CPA to help advise me on how to do this.

More soon

scrubbedexpat099

Why do you have to be in the US at all if it is a web site?

Barcholder

I will need a physical presence in the USA in order to actually establish the business. It's not strictly a website business in the sense of, say, e-commerce site. The website will perform the function of matching jobseekers directly with employers, but I will still need an infrastructure of salespeople, relationship managers etc, who will actually a) go out and win new business, and b) manage client relationships.

Another way to put it is that I have basically developed a clever piece of software, which is accessed through the website on the front end. I now need to go and sell this piece of software to my target audience, initially, small and medium sized businesses in Atlanta. Once i've achieved some market penetration in this segment, i'll then try to penetrate some of the larger company accounts.

I'll need a physical presence in Atlanta in order to do this.

I hope this answers it for you and was not too rambling.

lleepow

Best of luck!! We are also in the process of investigating this for ourselves and I am looking forward to your updates!

Barcholder

My latest update is as follows: i'm still waiting for my company, Urecruitme Inc, to be set up and incorporated in Georgia. There was some sort of problem with the process but all has now been resolved. I should receive the incorporation documents by the end of the week, and my EIN number by the end of next week.

Once that's done, I'll have to fly off to Atlanta to open up a business bank account. Whilst there, I'll arrange a business forwarding address and telephone number, as these are also required on the application form.

As an aside, the Mrs has asked me to visit several schools in our chosen area to decide exactly where we are likely to send our 5 year old daughter to (6 in June).

Apart from these administrative tasks, the other bits of information required for the application are:

Business Plan
Proof of Investment (in this case, the cost of developing the website, plus proof that ownership has been transferred to the US company)

Fortunately, I have already got a business plan, although it now needs to be updated and edited. This should not take too long to do.

All being well, i'm hoping to be in a position to submit my application to the US embassy by the second week in April.

scrubbedexpat099

How did you value your investment?

Barcholder

The investment is valued based purely on the amount of cash actually spent to develop it. As part of the application, I have to provide evidence of the amounts actually spent, via invoices and bank statements. Fortunately, i'm able to do that. I updated the spreadsheet over the weekend, and the total amount is just over £75k. Solicitor says this should comfortably satisfy the investment criteria, especially as the website is way more valuable than it's development cost.

So for my latest update - my corporation has now been created, and I have just received notification of my EIN (Tax Employers) number, as issued by the IRS. This means I'm now able to open up a US Business Bank Account, a critical part of the visa application process.

The bad news is that it must be done in person, so i'm flying over to Atlanta a week on Friday in order to sort out. I'm currently sorting out a business address and phone number, which must be included, both as part of the bank opening process, and the Visa application process. That will be sorted by the end of this week.

Over the weekend, I wrote my detailed 5 year business plan. Solicitor says this is a critical part of the application process. I'm very experienced in writing these, so I don't anticipate any problems with it being accepted by the Embassy.

So, things seem to be on track so far. I'm going on holiday on the 22nd of April, and am hoping to have submitted my application before I leave.

GeoffM

One thing I've learnt from my process and on BE is to never assume that some particular evidence will just walk though. My visa/petition is completely different but the subjectiveness still applies. What you think might walk it could be questioned, and what you worry about might sail through. Good luck anyhow, but go through that business plan with your attorney again, just to be sure. As you've written so many I'm sure you must know that each one is targeted for a particular audience... right?

Barcholder

You are of course absolutely correct, and i'm certainly taking nothing for granted. The plan has been submitted to my attorney for review, and he will be well placed to tell me whether he believes it will pass or not.

And yes, i'm aware that Biz Plans are targeted towards different audiences - typically for finance raising purposes. My attorney told me to pay particular attention to the staff hiring plans I had for the business, and to show this over a 5 year period. He says that this is one of the key elements the Embassy are looking at (as well as evidence of overall financial viability) - they want to be convinced that I intend to create employment for the local population, which I do. The proposed number of new jobs to be created far exceeds the required minimum, so I can't imagine there will be any objections on that front.

So yes, in my business plan, I have included a section on my projected hiring plans over the next 5 years (year 1 broken out on a monthly basis).

The business I'm planning to launch is one which I hope will make me very wealthy, and is not just a vehicle to allow me to live in America. Of course, as with absolutely everything in life, there are no guarantees to success.

So the Business Plan put forward has not just been written with the Embassy in mind, but also the Business Angels community as well, whom I intent to approach on arrival in Atlanta. If the business plan is good enough to secure funding from Business Angels, i'm sure it will pass the Embassy test.

scrubbedexpat099

I do know that what makes sense from a business perspective may not make sense from a visa perspective.

Good that you have evidence of external investment costs.

Barcholder

Thanks for the heads up, it's much appreciated.

So, for my latest update. I have now booked my appointment with a bank in Atlanta (Fidelity Bank) in order to get my Business Account opened. Meeting is booked for Monday 11th April, so i'll be flying out on Saturday 9th April and returning overnight on Tuesday 12th April. A short stay if ever there was one.

My business address and telephone number will be sorted out tomorrow, so, pending the (hopefully) successful opening of the business account, I should be able to submit my application form. This of course, assumes that everything is in order and my attorney gives it the ok.

More soon.

Barcholder

All

I thought i'd give a further update. I have just heard back from my attorney, who has reviewed my business plan in detail. According to him, it's in very good shape and addresses the key issues that the Embassy will be looking for, namely, Financial Viability, and Staff Hiring plans.

I feel relieved, as I was dreading having to re-write, seeing as it took me the entire weekend to knock up.

The main task now outstanding is to open up a Business Bank account. Meeting is booked for Monday 11th April with the Bank manager in Atlanta.

Once opened, I will have pretty much all I need to submit my application.

I'm keeping fingers firmly crossed. Wish me luck.