Bill_S

The whole point of the E2 investor visa is to create jobs FOR AMERICANS and generate economic activity IN AMERICA. It isn't to allow foreign nationals to try out life in the US for a few years. Unless you're ready to make a significant committment to buying and operating a business your chances of getting a visa are zero.

scrubbedexpat099

If you look at other forums where there are many E2 ers you will see that the selling of a business does not always happily coincide with your wishes.

Folinskyinla

Hi:

Beg to disagree. http://openjurist.org/910/f2d/658/la...zation-service

JCraigFong

I don't view this as a "wrong" answer. However, it does not go far enough.

E visas are granted because businesses which come from abroad to the USA bring capital. It also happens that a large enough enterprise usually means a concomitant number of jobs, but we should be clear here: there is NO REQUIREMENT in the Immigration and Nationality Act (INA) that the investor promise job creation.

Having said this, I also believe that a Business Plan for an E or L business which projects the hiring of US employees will probably get a better reception from the USCIS or the State Department than a plan that does not make such a projection.

I also agree with another poster who said that the purpose of the E visa is NOT to permit people to come to the USA to retire. I repeat: it is for bringing capital. However, someone who wants to bring capital AND who is in retirement might be able to make a go of it, provided s/he is interested in entering or re-entering the world of work. But the underlying business must continue to operate, or the visa is lost.

On a non-legal note, getting an E means putting significant capital at risk. If someone is in or close to retirement, one has to ask whether putting large amounts of capital at risk is a prudent thing to do. Only the investor can make this decision.

Remember: so long as eligibility continues, E status not only permits the alien to engage in the qualifying trade or investment, but it permits incidental activities, as well, and a stay of indefinite duration. It also allows the spouse and minor children to join the principal alien in the same status, and the accompanying spouse to have work authorization.

Now: if a semi-retired person serves as the EXECUTIVE of the business and leaves the day-to-day operation to a hired manager, this is fine, and E status can continue. There is a fine judgement call here about just HOW hands-off this entrepreneur can be at this point.

I hope this helps.

--J Craig Fong
Los Angeles, CA

peut-etre

Thank you JCraigFong. This is very helpful advice. I shall now, hopefully find an immigration lawyer in England and see what can be done. In future I shall ask professionals for advice, I fear on this blog there is a lot of vitriolic. Sounds like a bunch of unpleasant kids in the playground.

Ray

I gave you the top one in the UK back at post 43

peut-etre

powerwrap - would you kindly send me the message by PM, if that is the wish of the administration. thank you.

meauxna

The message was posted in the beginning of June, and it wasn't for you anyway.