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

Re: Is this a possibility?
 

Ian, that is not my website.

Re: Is this a possibility?
 

Odd though, how the main site is under construction, but yet you have knowledge of documents in folders buried within. So it's either your site, or you know whose it is. Either way, you seem to want to flog it.

Ian

Re: Is this a possibility?
 

The grammar and spelling in U.S. immigration law in general (and the Immigration and Nationality Act, in particular) are far not the same as in the textbook of English grammar and dictionaries. INA has its own rules of spelling and composition of expressions and sentences. If you follow the rules of English, all INA grammar/spelling is "atrocious". And the same is true for any branch of law.

Re: Is this a possibility?
 

Ian, your logic is incorrect. The link was posted on ILW.com forum.

Re: Is this a possibility?
 

Dear Ka:

Earlier, I was impressed by one of your statements, talking about how there are statutes, regulations, directives and memos, policy statements, and individual officers' judgements. And each layer of these pronouncements further complicates preparation of cases. Someone with such insight should -- I would hope -- be aware of how complex this system is.

Therefore, I confess to being both puzzled and alarmed by your postings on this thread. You write as someone with apparent experience with US immigration law, and yet you promulgate a Step 1, Step 2, Step 3 rubric that vastly over-simplifies the process. In one of your posts, you even talk about the predictability of approvals. We're talking about complex national policy here, and not baking a cake.

The idea that an L or any other petition "needs extensive docs, but it is simple if you have docs and know how to represent it" leads people to think that it is just about gathering ingredients.

As an immigration attorney, I can certainly acknowledge that some cases are easier than others. However, it is even more true that I have had more than my share of janitorial law practice, cleaning up the mess made by someone else. It is true that people engage an attorney to be able to achieve a certain level of predictability for their desired outcome, but any attorney worth his or her salt will NEVER GO ANY WHERE NEAR a guarantee of an immigration petition or application FOR THE VERY REASON you observed earlier: that even the individual immigration adjudicator can arbitrarily turn your case on its head.

--J

N.B., I will refrain from comment about your even-more puzzling statement that "grammar and spelling in U.S. immigration law in general (and the Immigration and Nationality Act, in particular) are far not the same [sic] as in the textbook of English grammar and dictionaries."

Re: Is this a possibility?
 

The process includes steps. Steps include sub-steps. The listing of steps is not simplification. It is the essential initial step.

Predictability (evaluation of chances) of outcome of the case has nothing to do with any guarantee of approval. Evaluation of chances (probability of approval) is an essential step to start the case. The outcome of some cases and categories of cases can be predicted better than others. It depends not only on specific petitioner/beneficiary situation but also on the INA eligibility requirements. For example, to evaluate whether or not the person meets the standard of extraordinary ability is more difficult than to evaluate whether or not the person meets the standard of intracompany transferee. And in most cases we can be almost sure whether or not a person is eligible under a family based category. You as an attorney are not allowed to give any guarantees, but you are obligated to inform your client about his chances. You are not allowed to take the case only because the client is willing to pay.

However, this does not lead you to think this way. I think that most of us understand that everything is simple if you know how.

I have no doubt about this. More and more people realize today what is the qualification of most of attorneys.

Attorney is not allowed to give any quarantee. But this does not mean that "any attorney worth his or her salt will NEVER GO ANY WHERE NEAR a guarantee". Many attorneys go to get a client.

It is not completely in hands of a single adjudicator. There is AAO, EOIR, Congression Interest, other instruments.

I am not surprised. I know the language used in attorneys' motions and briefs.

Re: Is this a possibility?
 

Thank you for your disquisition.
Res ipsa loquitur.

Re: Is this a possibility?
 

J - Well, there you go mate, no wonder you're poor as a church mouse, if you're spending half your time working as a janitor. More law, less mopping, that's my advice. ;)

Re: Is this a possibility?
 

I think you may have a point, Charteuse!

Although, actually, I often charge DOUBLE my regular price to do janitorial work, because in addition to cleaning up the mess from the prior attempt -- and having to live with some of the unfortunate admissions made in the earlier paperwork, I still have to submit and advocate for the corrected application.

:)

Re: Is this a possibility?
 

Sounds reasonable to me. Whenever I've inherited any kind of a job, from work to DIY, I've always spent at least as much time fixing the previous person's botches, cut corners and outright mistakes as I have accomplishing what I set out to do.

I've noticed that this rule holds true in both the UK and the USA and feel confident extrapolating that it's universal. :)

Re: Is this a possibility?
 

ka2009 et al, I've edited out that link; my brief research indicated a very much less than savory site that it is attached to. PM me with any questions/problems with that.

Immigration forms should only be downloaded from USCIS.gov for the most up to date version, fee, and submission information. Since this information changes suddenly and without warning, applicants are best off getting their forms there.
There is NO charge for any immigration forms.

I'll remind ka2009 & everyone else to please link your sources and let us know if you want to promote your own site. We have our ways to do so politely. :)