Is this a possibility?
 

Hello.

I have been looking into the possibility of moving to either Canada or the USA, so this will be posted in both forums.

In terms of getting a job, the going rate for my trade would restrict my life in either country.

In a perfect world I would like to establish a business in either country. However the finances involved to obtain relevant visas are out with my pocket.

I am looking for some advice.

There are currently many businesses within my industry for sale and of interest to me. Although not at the financial level required in order to obtain relevant visas. Canada I believe the investment criteria for opening a business is $300-$400, while in the States that figure is around $100-$150.

My idea is to buy a business or part of one for around 50k maybe less, then have the current owner sponsor me for a work visa. Can this be a possibility, basically I am buying a job but have a controlling percentage of a business?

If that is not allowed is it possible to just buy a business or part of one and be an absentee owner?

Then perhaps in the future once it is trading successfully, money made from that business along with further raised finances from elsewhere could be reinvested. To make-up the initial short fall required in order to obtain the relevant visas.

Many thank's in advance for your advice.

Re: Is this a possibility?
 

Perhaps, in Canada.

Re: Is this a possibility?
 

Nope. As Chart says, try Canada.

Re: Is this a possibility?
 

Not what I wanted to hear, that's a shame.

Was I correct with the investment figure or can a business be purchased for less outlay?

Thank's

Re: Is this a possibility?
 

your realistically looking for around $500K...$250K for the business, the rest to live on, set up house, car etc...might be able to spend less in an area of decline but would you want to live in a dive?

Re: Is this a possibility?
 

If, for at least one year (within last three years), you owned a company outside the U.S. (or worked for such company in a managerial/executive or "special knowledge" capacity), then the solution is simple: L-1 visa, then green card.
Step 1. Open in U.S. a branch of the foreign company (this will take a few minutes). However, you will need not only a corporate mailing address but also an office space and a person living in US acting as an agent.
Step 2. Apply for L-1 visa, (extensive documentation will be needed), get approved (premium processing can take 15 business days), have a consulate interview (if you are outside the U.S.).
Step 3. Apply for permanent residence after doing business in U.S. for at least one year.

Re: Is this a possibility?
 

you make it sound simple but there is an awful lot of work involved and you have a LOT to prove to USCIS that its a real opportunity.

Re: Is this a possibility?
 

Close, but no cigar! Premium processing does not mean approval within 15 days... it means a response within 15 days. That response might be an approval, but could as easily be a request for more information... or a denial.

Ian

Re: Is this a possibility?
 

You are 100% right. L-1 is one of types of cases that needs extensive documentation. It needs a lot of documentation to prove that (1) foreign company is doing business, (2) the beneficiary worked there for at least one year in managerial/executive capacity (3) a new company in U.S. has a realistic business plan (hiring timetable is an essential part of business plan) and will have financial resources to do business, and other issues.

It needs extensive docs, but it is simple if you have docs and know how to represent it.

Re: Is this a possibility?
 

Of course. Processing time never means approval time. Total premium processing time is determined mainly of how complete is the initial filing and how fast you respond to rfe (if any).

Re: Is this a possibility?
 

... or has specialized knowledge of the business. Someone doesn't need to be a manager/executive to qualify for an L-1 visa.


It's also simple to give bits of incomplete information.

Ian

Re: Is this a possibility?
 

For intracompany transferee purposes, it is not a problem that you are an owner or co-owner of the U.S. company. But you must take into consideration the percentage another co-owner has.

If U.S. company doing business for a year or more, you can apply for green card directly, but there is no premium processing for this type of cases. So, L-1 option would be faster.

If you are eligible for L-1 for a new company, this would be a less expensive option.

Re: Is this a possibility?
 

There is probably no such thing as "complete information" with respect to any subject of U.S. immigration law. There are laws, regulations, USCIS memorandums, USDOS cables, court decisions, etc. There is USCIS and USDOS practice. There is each individual officer's interpretation. In particular, intracompany transferee visa and greencard involve many isssues. No question, if you don't know the subject, you will not be able to prepare intracompany transferee case, even if you are eligible (and far not all attorney can do it). At the same time, the outcome intracompany transferee is in general the most predictable of all employment based categories. if you are eligible, you can get approval within 15 business days. Only family based cases are usually more predictable than L-1 or EB-1.3. If you have relatives in U.S., test your eligibility: uscis.gov (detailed info)

Re: Is this a possibility?
 

Yes. Here is another issue. The owners of foreign companies usually have both options: to transfer themselves as managers/executives or specialized knowledge employees. Which option is preferable? Usually, managers/executives. The reason: the definition is more clear and as a result, the outcome is more predictable.

Re: Is this a possibility?
 

Your own web site, I presume! By the way, the grammar/spelling on the test is atrocious! Best always to run it by someone who speaks English before putting it online.

It's also nice that you want people to buy your kits, but they can get all the forms and everything else they need for free!

Ian